H. Rept. 116-15 - FOR THE PEOPLE ACT OF 2019116th Congress (2019-2020)

Committee Report

Report text available as:

116th Congress } { Rept. 116-15
HOUSE OF REPRESENTATIVES
1st Session } { Part 1
_______________________________________________________________________
FOR THE PEOPLE ACT OF 2019
----------
R E P O R T
of the
COMMITTEE ON HOUSE ADMINISTRATION
to accompany
H.R. 1
together with
DISSENTING VIEWS
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
March 4, 2019.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
116th Congress } { Rept. 116-15
HOUSE OF REPRESENTATIVES
1st Session } { Part 1
_______________________________________________________________________
FOR THE PEOPLE ACT OF 2019
__________
R E P O R T
of the
COMMITTEE ON HOUSE ADMINISTRATION
to accompany
H.R. 1
together with
DISSENTING VIEWS
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
March 4, 2019.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
35-310 WASHINGTON : 2019
116th Congress } { Rept. 116-15
HOUSE OF REPRESENTATIVES
1st Session } { Part 1
======================================================================
FOR THE PEOPLE ACT OF 2019
_______
March 4, 2019.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Ms. Lofgren, from the Committee on House Administration, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 1]
[Including cost estimate of the Congressional Budget Office]
The Committee on House Administration, to whom was referred
the bill (H.R. 1) to expand Americans' access to the ballot
box, reduce the influence of big money in politics, and
strengthen ethics rules for public servants, and for other
purposes, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
CONTENTS
Page
Amendment........................................................ 2
Purpose and Summary.............................................. 121
Background and Need for Legislation.............................. 121
Hearings......................................................... 139
Committee Consideration.......................................... 140
Committee Votes.................................................. 140
Committee Oversight Findings..................................... 146
Statement of General Performance Goals and Objectives............ 146
New Budget Authority, Entitlement Authority, and Tax Expenditures 146
Earmarks and Tax and Tariff Benefits............................. 146
Committee Cost Estimate.......................................... 146
Congressional Budget Office Estimate............................. 147
Federal Mandates Statement....................................... 155
Advisory Committee Statement..................................... 155
Statement of Constitutional Authority............................ 155
Applicability to Legislative Branch.............................. 155
Section-by-Section Analysis of the Legislation................... 155
Changes in Existing Law Made by the Bill as Reported............. 200
Dissenting Views................................................. 439
Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``For the People Act of 2019''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into 3 divisions as follows:
(1) Division A--Voting.
(2) Division B--Campaign Finance.
(3) Division C--Ethics.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
DIVISION A--VOTING
TITLE I--ELECTION ACCESS
Sec. 1000. Short title; statement of policy.
Subtitle A--Voter Registration Modernization
Sec. 1000A. Short title.
Part 1--Promoting Internet Registration
Sec. 1001. Requiring availability of Internet for voter registration.
Sec. 1002. Use of Internet to update registration information.
Sec. 1003. Provision of election information by electronic mail to
individuals registered to vote.
Sec. 1004. Clarification of requirement regarding necessary information
to show eligibility to vote.
Sec. 1005. Effective date.
Part 2--Automatic Voter Registration
Sec. 1011. Short title; findings and purpose.
Sec. 1012. Automatic registration of eligible individuals.
Sec. 1013. Contributing agency assistance in registration.
Sec. 1014. One-time contributing agency assistance in registration of
eligible voters in existing records.
Sec. 1015. Voter protection and security in automatic registration.
Sec. 1016. Registration portability and correction.
Sec. 1017. Payments and grants.
Sec. 1018. Treatment of exempt States.
Sec. 1019. Miscellaneous provisions.
Sec. 1020. Definitions.
Sec. 1021. Effective date.
Part 3--Same Day Voter Registration
Sec. 1031. Same day registration.
Part 4--Conditions on Removal on Basis of Interstate Cross-Checks
Sec. 1041. Conditions on removal of registrants from official list of
eligible voters on basis of interstate cross-checks.
Part 5--Other Initiatives to Promote Voter Registration
Sec. 1051. Annual reports on voter registration statistics.
Part 6--Availability of HAVA Requirements Payments
Sec. 1061. Availability of requirements payments under HAVA to cover
costs of compliance with new requirements.
Part 7--Prohibiting Interference With Voter Registration
Sec. 1071. [Reserved].
Sec. 1072. Establishment of best practices.
Subtitle B--Access to Voting for Individuals With Disabilities
Sec. 1101. Requirements for States to promote access to voter
registration and voting for individuals with disabilities.
Sec. 1102. Expansion and reauthorization of grant program to assure
voting access for individuals with disabilities.
Subtitle C--Prohibiting Voter Caging
Sec. 1201. [Reserved].
Sec. 1202. Development and adoption of best practices for preventing
voter caging.
Subtitle D--[Reserved]
Subtitle E--[Reserved]
Subtitle F--Promoting Accuracy, Integrity, and Security Through Voter-
Verified Permanent Paper Ballot
Sec. 1501. Short title.
Sec. 1502. Paper ballot and manual counting requirements.
Sec. 1503. Accessibility and ballot verification for individuals with
disabilities.
Sec. 1504. Durability and readability requirements for ballots.
Sec. 1505. Effective date for new requirements.
Subtitle G--Provisional Ballots
Sec. 1601. Requirements for counting provisional ballots; establishment
of uniform and nondiscriminatory standards.
Subtitle H--Early Voting
Sec. 1611. Early voting.
Subtitle I--Voting by Mail
Sec. 1621. Voting by Mail.
Subtitle J--Absent Uniformed Services Voters and Overseas Voters
Sec. 1701. Pre-election reports on availability and transmission of
absentee ballots.
Sec. 1702. Enforcement.
Sec. 1703. Revisions to 45-day absentee ballot transmission rule.
Sec. 1704. Use of single absentee ballot application for subsequent
elections.
Sec. 1705. Effective date.
Subtitle K--Poll Worker Recruitment and Training
Sec. 1801. [Reserved].
Sec. 1802. Grants to States for poll worker recruitment and training.
Sec. 1803. State defined.
Subtitle L--Enhancement of Enforcement
Sec. 1811. Enhancement of enforcement of Help America Vote Act of 2002.
Subtitle M--Federal Election Integrity
Sec. 1821. Prohibition on campaign activities by chief State election
administration officials.
Subtitle N--Promoting Voter Access Through Election Administration
Improvements
Part 1--Promoting Voter Access
Sec. 1901. Treatment of institutions of higher education.
Sec. 1902. Minimum notification requirements for voters affected by
polling place changes.
Sec. 1903. [Reserved].
Sec. 1904. Permitting use of sworn written statement to meet
identification requirements for voting.
Sec. 1905. [Reserved].
Sec. 1906. Reimbursement for costs incurred by States in establishing
program to track and confirm receipt of absentee ballots.
Sec. 1907. Voter information response systems and hotline.
Part 2--Improvements in Operation of Election Assistance Commission
Sec. 1911. Reauthorization of Election Assistance Commission.
Sec. 1913. Requiring states to participate in post-general election
surveys.
Sec. 1914. Reports by National Institute of Standards and Technology on
use of funds transferred from Election Assistance Commission.
Sec. 1915. Recommendations to improve operations of Election Assistance
Commission.
Sec. 1916. Repeal of exemption of Election Assistance Commission from
certain government contracting requirements.
Part 3--Miscellaneous Provisions
Sec. 1921. Application of laws to Commonwealth of Northern Mariana
Islands.
Sec. 1922. No effect on other laws.
Subtitle O--Severability
Sec. 1931. Severability.
TITLE II--ELECTION INTEGRITY
Subtitle A--[Reserved]
Subtitle B--[Reserved]
Subtitle C--[Reserved]
Subtitle D--[Reserved]
Subtitle E--[Reserved]
Subtitle F--Saving Eligible Voters From Voter Purging
Sec. 2501. Short title.
Sec. 2502. Conditions for removal of voters from list of registered
voters.
Subtitle G--No Effect on Authority of States to Provide Greater
Opportunities for Voting
Sec. 2601. No effect on authority of States to provide greater
opportunities for voting.
Subtitle H--Severability
Sec. 2701. Severability.
TITLE III--ELECTION SECURITY
Sec. 3000. Short title; sense of Congress.
Subtitle A--Financial Support for Election Infrastructure
Part 1--Voting System Security Improvement Grants
Sec. 3001. Grants for obtaining compliant paper ballot voting systems
and carrying out voting system security improvements.
Sec. 3002. Coordination of voting system security activities with use
of requirements payments and election administration requirements under
Help America Vote Act of 2002.
Sec. 3003. Incorporation of definitions.
Part 2--Grants for Risk-limiting Audits of Results of Elections
Sec. 3011. Grants to States for conducting risk-limiting audits of
results of elections.
Sec. 3012. GAO analysis of effects of audits.
Part 3--[Reserved]
Subtitle B--Security Measures
Sec. 3101. Election infrastructure designation.
Sec. 3102. Timely threat information.
Sec. 3103. Security clearance assistance for election officials.
Sec. 3104. Security risk and vulnerability assessments.
Sec. 3105. Annual reports.
Subtitle C--Enhancing Protections for United States Democratic
Institutions
Sec. 3201. National strategy to protect United States democratic
institutions.
Sec. 3202. National Commission to Protect United States Democratic
Institutions.
Subtitle D--Promoting Cybersecurity Through Improvements in Election
Administration
Sec. 3301. Testing of existing voting systems to ensure compliance with
election cybersecurity guidelines and other guidelines.
Sec. 3302. Treatment of electronic poll books as part of voting
systems.
Sec. 3303. Pre-election reports on voting system usage.
Sec. 3304. Streamlining collection of election information.
Subtitle E--Preventing Election Hacking
Sec. 3401. Short title.
Sec. 3402. Election Security Bug Bounty Program.
Sec. 3403. Definitions.
Subtitle F--Miscellaneous Provisions
Sec. 3501. Definitions.
Sec. 3502. Initial report on adequacy of resources available for
implementation.
Subtitle G--Severability
Sec. 3601. Severability.
DIVISION B--CAMPAIGN FINANCE
TITLE IV--CAMPAIGN FINANCE TRANSPARENCY
Subtitle A--Findings Relating to Illicit Money Undermining Our
Democracy
Sec. 4001. Findings relating to illicit money undermining our
democracy.
Subtitle B--DISCLOSE Act
Sec. 4100. Short title.
Part 1--Regulation of Certain Political Spending
Sec. 4101. Application of ban on contributions and expenditures by
foreign nationals to domestic corporations, limited liability
corporations, and partnerships that are foreign-controlled, foreign-
influenced, and foreign-owned.
Sec. 4102. Clarification of application of foreign money ban to certain
disbursements and activities.
Part 2--Reporting of Campaign-Related Disbursements
Sec. 4111. Reporting of campaign-related disbursements.
Sec. 4112. Application of foreign money ban to disbursements for
campaign-related disbursements consisting of covered transfers.
Sec. 4113. Effective date.
Part 3--Other Administrative Reforms
Sec. 4121. Petition for certiorari.
Sec. 4122. Judicial review of actions related to campaign finance laws.
Subtitle C--Honest Ads
Sec. 4201. Short title.
Sec. 4202. Purpose.
Sec. 4203. Findings.
Sec. 4204. Sense of Congress.
Sec. 4205. Expansion of definition of public communication.
Sec. 4206. Expansion of definition of electioneering communication.
Sec. 4207. Application of disclaimer statements to online
communications.
Sec. 4208. Political record requirements for online platforms.
Sec. 4209. Preventing contributions, expenditures, independent
expenditures, and disbursements for electioneering communications by
foreign nationals in the form of online advertising.
Subtitle D--Stand By Every Ad
Sec. 4301. Short title.
Sec. 4302. Stand By Every Ad.
Sec. 4303. Disclaimer requirements for communications made through
prerecorded telephone calls.
Sec. 4304. No expansion of persons subject to disclaimer requirements
on Internet communications.
Sec. 4305. Effective date.
Subtitle E--[Reserved]
Subtitle F--[Reserved]
Subtitle G--[Reserved]
Subtitle H--Limitation and Disclosure Requirements for Presidential
Inaugural Committees
Sec. 4701. Short title.
Sec. 4702. Limitations and disclosure of certain donations to, and
disbursements by, Inaugural Committees.
Subtitle I--Severability
Sec. 4801. Severability.
TITLE V--CAMPAIGN FINANCE EMPOWERMENT
Subtitle A--Findings Relating to Citizens United Decision
Sec. 5001. Findings relating to Citizens United decision.
Subtitle B--Congressional Elections
Sec. 5100. Short title.
Part 1--My Voice Voucher Pilot Program
Sec. 5101. Establishment of pilot program.
Sec. 5102. Voucher program described.
Sec. 5103. Reports.
Sec. 5104. Definitions.
Part 2--Small Dollar Financing of Congressional Election Campaigns
Sec. 5111. Benefits and eligibility requirements for candidates.
````TITLE V--SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS
````Subtitle A--Benefits
``Sec. 501. Benefits for participating candidates.
``Sec. 502. Procedures for making payments.
``Sec. 503. Use of funds.
``Sec. 504. Qualified small dollar contributions described.
````Subtitle B--Eligibility and Certification
``Sec. 511. Eligibility.
``Sec. 512. Qualifying requirements.
``Sec. 513. Certification.
````Subtitle C--Requirements for Candidates Certified as Participating
Candidates
``Sec. 521. Contribution and expenditure requirements.
``Sec. 522. Administration of campaign.
``Sec. 523. Preventing unnecessary spending of public funds.
``Sec. 524. Remitting unspent funds after election.
````Subtitle D--Enhanced Match Support
``Sec. 531. Enhanced support for general election.
``Sec. 532. Eligibility.
``Sec. 533. Amount.
``Sec. 534. Waiver of authority to retain portion of unspent
funds after election.
````Subtitle E--Administrative Provisions
``Sec. 541. Freedom From Influence Fund.
``Sec. 542. Reviews and reports by Government Accountability
Office.
``Sec. 543. Administration by Commission.
``Sec. 544. Violations and penalties.
``Sec. 545. Appeals process.
``Sec. 546. Indexing of amounts.
``Sec. 547. Election cycle defined.''
Sec. 5112. Contributions and expenditures by multicandidate and
political party committees on behalf of participating candidates.
Sec. 5113. Prohibiting use of contributions by participating candidates
for purposes other than campaign for election.
Sec. 5114. Effective date.
Subtitle C--Presidential Elections
Sec. 5200. Short title.
Part 1--Primary Elections
Sec. 5201. Increase in and modifications to matching payments.
Sec. 5202. Eligibility requirements for matching payments.
Sec. 5203. Repeal of expenditure limitations.
Sec. 5204. Period of availability of matching payments.
Sec. 5205. Examination and audits of matchable contributions.
Sec. 5206. Modification to limitation on contributions for Presidential
primary candidates.
Sec. 5207. Use of Freedom From Influence Fund as source of payments.
Part 2--General Elections
Sec. 5211. Modification of eligibility requirements for public
financing.
Sec. 5212. Repeal of expenditure limitations and use of qualified
campaign contributions.
Sec. 5213. Matching payments and other modifications to payment
amounts.
Sec. 5214. Increase in limit on coordinated party expenditures.
Sec. 5215. Establishment of uniform date for release of payments.
Sec. 5216. Amounts in Presidential Election Campaign Fund.
Sec. 5217. Use of general election payments for general election legal
and accounting compliance.
Sec. 5218. Use of Freedom From Influence Fund as source of payments.
Part 3--Effective Date
Sec. 5221. Effective date.
Subtitle D--Personal Use Services as Authorized Campaign Expenditures
Sec. 5301. Short title; findings; purpose.
Sec. 5302. Treatment of payments for child care and other personal use
services as authorized campaign expenditure.
Subtitle E--Severability
Sec. 5401. Severability.
TITLE VI--CAMPAIGN FINANCE OVERSIGHT
Subtitle A--Restoring Integrity to America's Elections
Sec. 6001. Short title.
Sec. 6002. Membership of Federal Election Commission.
Sec. 6003. Assignment of powers to Chair of Federal Election
Commission.
Sec. 6004. Revision to enforcement process.
Sec. 6005. Permitting appearance at hearings on requests for advisory
opinions by persons opposing the requests.
Sec. 6006. Permanent extension of administrative penalty authority.
Sec. 6007. Restrictions on ex parte communications.
Sec. 6008. Effective date; transition.
Subtitle B--Stopping Super PAC-Candidate Coordination
Sec. 6101. Short title.
Sec. 6102. Clarification of treatment of coordinated expenditures as
contributions to candidates.
Sec. 6103. Clarification of ban on fundraising for super PACs by
Federal candidates and officeholders.
Subtitle C--Severability
Sec. 6201. Severability.
DIVISION C--ETHICS
TITLE VII--[RESERVED]
TITLE VIII--[RESERVED]
TITLE IX--CONGRESSIONAL ETHICS REFORM
Subtitle A--Requiring Members of Congress to Reimburse Treasury for
Amounts Paid as Settlements and Awards Under Congressional
Accountability Act of 1995
Sec. 9001. Requiring Members of Congress to reimburse Treasury for
amounts paid as settlements and awards under Congressional
Accountability Act of 1995 in all cases of employment discrimination
acts by Members.
Subtitle B--Conflicts of Interests
Sec. 9101. [Reserved].
Sec. 9102. Conflict of interest rules for Members of Congress and
congressional staff.
Sec. 9103. Exercise of rulemaking powers.
Subtitle C--Campaign Finance and Lobbying Disclosure
Sec. 9201. Short title.
Sec. 9202. Requiring disclosure in certain reports filed with Federal
Election Commission of persons who are registered lobbyists.
Sec. 9203. Effective date.
Subtitle D--Access to Congressionally Mandated Reports
Sec. 9301. Short title.
Sec. 9302. Definitions.
Sec. 9303. Establishment of online portal for congressionally mandated
reports.
Sec. 9304. Federal agency responsibilities.
Sec. 9305. Removing and altering reports.
Sec. 9306. Relationship to the Freedom of Information Act.
Sec. 9307. Implementation.
Subtitle E--Severability
Sec. 9401. Severability.
TITLE X--[RESERVED]
DIVISION A--VOTING
TITLE I--ELECTION ACCESS
Sec. 1000. Short title; statement of policy.
Subtitle A--Voter Registration Modernization
Sec. 1000A. Short title.
Part 1--Promoting Internet Registration
Sec. 1001. Requiring availability of Internet for voter registration.
Sec. 1002. Use of Internet to update registration information.
Sec. 1003. Provision of election information by electronic mail to
individuals registered to vote.
Sec. 1004. Clarification of requirement regarding necessary information
to show eligibility to vote.
Sec. 1005. Effective date.
Part 2--Automatic Voter Registration
Sec. 1011. Short title; findings and purpose.
Sec. 1012. Automatic registration of eligible individuals.
Sec. 1013. Contributing agency assistance in registration.
Sec. 1014. One-time contributing agency assistance in registration of
eligible voters in existing records.
Sec. 1015. Voter protection and security in automatic registration.
Sec. 1016. Registration portability and correction.
Sec. 1017. Payments and grants.
Sec. 1018. Treatment of exempt States.
Sec. 1019. Miscellaneous provisions.
Sec. 1020. Definitions.
Sec. 1021. Effective date.
Part 3--Same Day Voter Registration
Sec. 1031. Same day registration.
Part 4--Conditions on Removal on Basis of Interstate Cross-Checks
Sec. 1041. Conditions on removal of registrants from official list of
eligible voters on basis of interstate cross-checks.
Part 5--Other Initiatives to Promote Voter Registration
Sec. 1051. Annual reports on voter registration statistics.
Part 6--Availability of HAVA Requirements Payments
Sec. 1061. Availability of requirements payments under HAVA to cover
costs of compliance with new requirements.
Part 7--Prohibiting Interference With Voter Registration
Sec. 1071. [Reserved].
Sec. 1072. Establishment of best practices.
Subtitle B--Access to Voting for Individuals With Disabilities
Sec. 1101. Requirements for States to promote access to voter
registration and voting for individuals with disabilities.
Sec. 1102. Expansion and reauthorization of grant program to assure
voting access for individuals with disabilities.
Subtitle C--Prohibiting Voter Caging
Sec. 1201. [Reserved].
Sec. 1202. Development and adoption of best practices for preventing
voter caging.
Subtitle D--[Reserved]
Subtitle E--[Reserved]
Subtitle F--Promoting Accuracy, Integrity, and Security Through Voter-
Verified Permanent Paper Ballot
Sec. 1501. Short title.
Sec. 1502. Paper ballot and manual counting requirements.
Sec. 1503. Accessibility and ballot verification for individuals with
disabilities.
Sec. 1504. Durability and readability requirements for ballots.
Sec. 1505. Effective date for new requirements.
Subtitle G--Provisional Ballots
Sec. 1601. Requirements for counting provisional ballots; establishment
of uniform and nondiscriminatory standards.
Subtitle H--Early Voting
Sec. 1611. Early voting.
Subtitle I--Voting by Mail
Sec. 1621. Voting by Mail.
Subtitle J--Absent Uniformed Services Voters and Overseas Voters
Sec. 1701. Pre-election reports on availability and transmission of
absentee ballots.
Sec. 1702. Enforcement.
Sec. 1703. Revisions to 45-day absentee ballot transmission rule.
Sec. 1704. Use of single absentee ballot application for subsequent
elections.
Sec. 1705. Effective date.
Subtitle K--Poll Worker Recruitment and Training
Sec. 1801. [Reserved].
Sec. 1802. Grants to States for poll worker recruitment and training.
Sec. 1803. State defined.
Subtitle L--Enhancement of Enforcement
Sec. 1811. Enhancement of enforcement of Help America Vote Act of 2002.
Subtitle M--Federal Election Integrity
Sec. 1821. Prohibition on campaign activities by chief State election
administration officials.
Subtitle N--Promoting Voter Access Through Election Administration
Improvements
Part 1--Promoting Voter Access
Sec. 1901. Treatment of institutions of higher education.
Sec. 1902. Minimum notification requirements for voters affected by
polling place changes.
Sec. 1903. [Reserved].
Sec. 1904. Permitting use of sworn written statement to meet
identification requirements for voting.
Sec. 1905. [Reserved].
Sec. 1906. Reimbursement for costs incurred by States in establishing
program to track and confirm receipt of absentee ballots.
Sec. 1907. Voter information response systems and hotline.
Part 2--Improvements in Operation of Election Assistance Commission
Sec. 1911. Reauthorization of Election Assistance Commission.
Sec. 1913. Requiring states to participate in post-general election
surveys.
Sec. 1914. Reports by National Institute of Standards and Technology on
use of funds transferred from Election Assistance Commission.
Sec. 1915. Recommendations to improve operations of Election Assistance
Commission.
Sec. 1916. Repeal of exemption of Election Assistance Commission from
certain government contracting requirements.
Part 3--Miscellaneous Provisions
Sec. 1921. Application of laws to Commonwealth of Northern Mariana
Islands.
Sec. 1922. No effect on other laws.
Subtitle O--Severability
Sec. 1931. Severability.
SEC. 1000. SHORT TITLE; STATEMENT OF POLICY.
(a) Short Title.--This title may be cited as the ``Voter Empowerment
Act of 2019''.
(b) Statement of Policy.--It is the policy of the United States
that--
(1) all eligible citizens of the United States should access
and exercise their constitutional right to vote in a free,
fair, and timely manner; and
(2) the integrity, security, and accountability of the voting
process must be vigilantly protected, maintained, and enhanced
in order to protect and preserve electoral and participatory
democracy in the United States.
Subtitle A--Voter Registration Modernization
SEC. 1000A. SHORT TITLE.
This subtitle may be cited as the ``Voter Registration Modernization
Act of 2019''.
PART 1--PROMOTING INTERNET REGISTRATION
SEC. 1001. REQUIRING AVAILABILITY OF INTERNET FOR VOTER REGISTRATION.
(a) Requiring Availability of Internet for Registration.--The
National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.) is
amended by inserting after section 6 the following new section:
``SEC. 6A. INTERNET REGISTRATION.
``(a) Requiring Availability of Internet for Online Registration.--
``(1) Availability of online registration and correction of
existing registration information.--Each State, acting through
the chief State election official, shall ensure that the
following services are available to the public at any time on
the official public websites of the appropriate State and local
election officials in the State, in the same manner and subject
to the same terms and conditions as the services provided by
voter registration agencies under section 7(a):
``(A) Online application for voter registration.
``(B) Online assistance to applicants in applying to
register to vote.
``(C) Online completion and submission by applicants
of the mail voter registration application form
prescribed by the Election Assistance Commission
pursuant to section 9(a)(2), including assistance with
providing a signature as required under subsection (c).
``(D) Online receipt of completed voter registration
applications.
``(b) Acceptance of Completed Applications.--A State shall accept an
online voter registration application provided by an individual under
this section, and ensure that the individual is registered to vote in
the State, if--
``(1) the individual meets the same voter registration
requirements applicable to individuals who register to vote by
mail in accordance with section 6(a)(1) using the mail voter
registration application form prescribed by the Election
Assistance Commission pursuant to section 9(a)(2); and
``(2) the individual meets the requirements of subsection (c)
to provide a signature in electronic form (but only in the case
of applications submitted during or after the second year in
which this section is in effect in the State).
``(c) Signature Requirements.--
``(1) In general.--For purposes of this section, an
individual meets the requirements of this subsection as
follows:
``(A) In the case of an individual who has a
signature on file with a State agency, including the
State motor vehicle authority, that is required to
provide voter registration services under this Act or
any other law, the individual consents to the transfer
of that electronic signature.
``(B) If subparagraph (A) does not apply, the
individual submits with the application an electronic
copy of the individual's handwritten signature through
electronic means.
``(C) If subparagraph (A) and subparagraph (B) do not
apply, the individual executes a computerized mark in
the signature field on an online voter registration
application, in accordance with reasonable security
measures established by the State, but only if the
State accepts such mark from the individual.
``(2) Treatment of individuals unable to meet requirement.--
If an individual is unable to meet the requirements of
paragraph (1), the State shall--
``(A) permit the individual to complete all other
elements of the online voter registration application;
``(B) permit the individual to provide a signature at
the time the individual requests a ballot in an
election (whether the individual requests the ballot at
a polling place or requests the ballot by mail); and
``(C) if the individual carries out the steps
described in subparagraph (A) and subparagraph (B),
ensure that the individual is registered to vote in the
State.
``(3) Notice.--The State shall ensure that individuals
applying to register to vote online are notified of the
requirements of paragraph (1) and of the treatment of
individuals unable to meet such requirements, as described in
paragraph (2).
``(d) Confirmation and Disposition.--
``(1) Confirmation of receipt.--Upon the online submission of
a completed voter registration application by an individual
under this section, the appropriate State or local election
official shall send the individual a notice confirming the
State's receipt of the application and providing instructions
on how the individual may check the status of the application.
``(2) Notice of disposition.--Not later than 7 days after the
appropriate State or local election official has approved or
rejected an application submitted by an individual under this
section, the official shall send the individual a notice of the
disposition of the application.
``(3) Method of notification.--The appropriate State or local
election official shall send the notices required under this
subsection by regular mail, and, in the case of an individual
who has provided the official with an electronic mail address,
by both electronic mail and regular mail.
``(e) Provision of Services in Nonpartisan Manner.--The services made
available under subsection (a) shall be provided in a manner that
ensures that, consistent with section 7(a)(5)--
``(1) the online application does not seek to influence an
applicant's political preference or party registration; and
``(2) there is no display on the website promoting any
political preference or party allegiance, except that nothing
in this paragraph may be construed to prohibit an applicant
from registering to vote as a member of a political party.
``(f) Protection of Security of Information.--In meeting the
requirements of this section, the State shall establish appropriate
technological security measures to prevent to the greatest extent
practicable any unauthorized access to information provided by
individuals using the services made available under subsection (a).
``(g) Accessibility of Services.--A state shall ensure that the
services made available under this section are made available to
individuals with disabilities to the same extent as services are made
available to all other individuals.
``(h) Use of Additional Telephone-Based System.--A State shall make
the services made available online under subsection (a) available
through the use of an automated telephone-based system, subject to the
same terms and conditions applicable under this section to the services
made available online, in addition to making the services available
online in accordance with the requirements of this section.
``(i) Nondiscrimination Among Registered Voters Using Mail and Online
Registration.--In carrying out this Act, the Help America Vote Act of
2002, or any other Federal, State, or local law governing the treatment
of registered voters in the State or the administration of elections
for public office in the State, a State shall treat a registered voter
who registered to vote online in accordance with this section in the
same manner as the State treats a registered voter who registered to
vote by mail.''.
(b) Special Requirements for Individuals Using Online Registration.--
(1) Treatment as individuals registering to vote by mail for
purposes of first-time voter identification requirements.--
Section 303(b)(1)(A) of the Help America Vote Act of 2002 (52
U.S.C. 21083(b)(1)(A)) is amended by striking ``by mail'' and
inserting ``by mail or online under section 6A of the National
Voter Registration Act of 1993''.
(2) Requiring signature for first-time voters in
jurisdiction.--Section 303(b) of such Act (52 U.S.C. 21083(b))
is amended--
(A) by redesignating paragraph (5) as paragraph (6);
and
(B) by inserting after paragraph (4) the following
new paragraph:
``(5) Signature requirements for first-time voters using
online registration.--
``(A) In general.--A State shall, in a uniform and
nondiscriminatory manner, require an individual to meet
the requirements of subparagraph (B) if--
``(i) the individual registered to vote in
the State online under section 6A of the
National Voter Registration Act of 1993; and
``(ii) the individual has not previously
voted in an election for Federal office in the
State.
``(B) Requirements.--An individual meets the
requirements of this subparagraph if--
``(i) in the case of an individual who votes
in person, the individual provides the
appropriate State or local election official
with a handwritten signature; or
``(ii) in the case of an individual who votes
by mail, the individual submits with the ballot
a handwritten signature.
``(C) Inapplicability.--Subparagraph (A) does not
apply in the case of an individual who is--
``(i) entitled to vote by absentee ballot
under the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20302 et seq.);
``(ii) provided the right to vote otherwise
than in person under section 3(b)(2)(B)(ii) of
the Voting Accessibility for the Elderly and
Handicapped Act (52 U.S.C. 20102(b)(2)(B)(ii));
or
``(iii) entitled to vote otherwise than in
person under any other Federal law.''.
(3) Conforming amendment relating to effective date.--Section
303(d)(2)(A) of such Act (52 U.S.C. 21083(d)(2)(A)) is amended
by striking ``Each State'' and inserting ``Except as provided
in subsection (b)(5), each State''.
(c) Conforming Amendments.--
(1) Timing of registration.--Section 8(a)(1) of the National
Voter Registration Act of 1993 (52 U.S.C. 20507(a)(1)) is
amended--
(A) by striking ``and'' at the end of subparagraph
(C);
(B) by redesignating subparagraph (D) as subparagraph
(E); and
(C) by inserting after subparagraph (C) the following
new subparagraph:
``(D) in the case of online registration through the
official public website of an election official under
section 6A, if the valid voter registration application
is submitted online not later than the lesser of 30
days, or the period provided by State law, before the
date of the election (as determined by treating the
date on which the application is sent electronically as
the date on which it is submitted); and''.
(2) Informing applicants of eligibility requirements and
penalties.--Section 8(a)(5) of such Act (52 U.S.C. 20507(a)(5))
is amended by striking ``and 7'' and inserting ``6A, and 7''.
SEC. 1002. USE OF INTERNET TO UPDATE REGISTRATION INFORMATION.
(a) In General.--
(1) Updates to information contained on computerized
statewide voter registration list.--Section 303(a) of the Help
America Vote Act of 2002 (52 U.S.C. 21083(a)) is amended by
adding at the end the following new paragraph:
``(6) Use of internet by registered voters to update
information.--
``(A) In general.--The appropriate State or local
election official shall ensure that any registered
voter on the computerized list may at any time update
the voter's registration information, including the
voter's address and electronic mail address, online
through the official public website of the election
official responsible for the maintenance of the list,
so long as the voter attests to the contents of the
update by providing a signature in electronic form in
the same manner required under section 6A(c) of the
National Voter Registration Act of 1993.
``(B) Processing of updated information by election
officials.--If a registered voter updates registration
information under subparagraph (A), the appropriate
State or local election official shall--
``(i) revise any information on the
computerized list to reflect the update made by
the voter; and
``(ii) if the updated registration
information affects the voter's eligibility to
vote in an election for Federal office, ensure
that the information is processed with respect
to the election if the voter updates the
information not later than the lesser of 7
days, or the period provided by State law,
before the date of the election.
``(C) Confirmation and disposition.--
``(i) Confirmation of receipt.--Upon the
online submission of updated registration
information by an individual under this
paragraph, the appropriate State or local
election official shall send the individual a
notice confirming the State's receipt of the
updated information and providing instructions
on how the individual may check the status of
the update.
``(ii) Notice of disposition.--Not later than
7 days after the appropriate State or local
election official has accepted or rejected
updated information submitted by an individual
under this paragraph, the official shall send
the individual a notice of the disposition of
the update.
``(iii) Method of notification.--The
appropriate State or local election official
shall send the notices required under this
subparagraph by regular mail, and, in the case
of an individual who has requested that the
State provide voter registration and voting
information through electronic mail, by both
electronic mail and regular mail.''.
(2) Conforming amendment relating to effective date.--Section
303(d)(1)(A) of such Act (52 U.S.C. 21083(d)(1)(A)) is amended
by striking ``subparagraph (B)'' and inserting ``subparagraph
(B) and subsection (a)(6)''.
(b) Ability of Registrant To Use Online Update To Provide Information
on Residence.--Section 8(d)(2)(A) of the National Voter Registration
Act of 1993 (52 U.S.C. 20507(d)(2)(A)) is amended--
(1) in the first sentence, by inserting after ``return the
card'' the following: ``or update the registrant's information
on the computerized Statewide voter registration list using the
online method provided under section 303(a)(6) of the Help
America Vote Act of 2002''; and
(2) in the second sentence, by striking ``returned,'' and
inserting the following: ``returned or if the registrant does
not update the registrant's information on the computerized
Statewide voter registration list using such online method,''.
SEC. 1003. PROVISION OF ELECTION INFORMATION BY ELECTRONIC MAIL TO
INDIVIDUALS REGISTERED TO VOTE.
(a) Including Option on Voter Registration Application To Provide E-
Mail Address and Receive Information.--
(1) In general.--Section 9(b) of the National Voter
Registration Act of 1993 (52 U.S.C. 20508(b)) is amended--
(A) by striking ``and'' at the end of paragraph (3);
(B) by striking the period at the end of paragraph
(4) and inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(5) shall include a space for the applicant to provide (at
the applicant's option) an electronic mail address, together
with a statement that, if the applicant so requests, instead of
using regular mail the appropriate State and local election
officials shall provide to the applicant, through electronic
mail sent to that address, the same voting information (as
defined in section 302(b)(2) of the Help America Vote Act of
2002) which the officials would provide to the applicant
through regular mail.''.
(2) Prohibiting use for purposes unrelated to official duties
of election officials.--Section 9 of such Act (52 U.S.C. 20508)
is amended by adding at the end the following new subsection:
``(c) Prohibiting Use of Electronic Mail Addresses for Other Than
Official Purposes.--The chief State election official shall ensure that
any electronic mail address provided by an applicant under subsection
(b)(5) is used only for purposes of carrying out official duties of
election officials and is not transmitted by any State or local
election official (or any agent of such an official, including a
contractor) to any person who does not require the address to carry out
such official duties and who is not under the direct supervision and
control of a State or local election official.''.
(b) Requiring Provision of Information by Election Officials.--
Section 302(b) of the Help America Vote Act of 2002 (52 U.S.C.
21082(b)) is amended by adding at the end the following new paragraph:
``(3) Provision of other information by electronic mail.--If
an individual who is a registered voter has provided the State
or local election official with an electronic mail address for
the purpose of receiving voting information (as described in
section 9(b)(5) of the National Voter Registration Act of
1993), the appropriate State or local election official,
through electronic mail transmitted not later than 7 days
before the date of the election for Federal office involved,
shall provide the individual with information on how to obtain
the following information by electronic means:
``(A) The name and address of the polling place at
which the individual is assigned to vote in the
election.
``(B) The hours of operation for the polling place.
``(C) A description of any identification or other
information the individual may be required to present
at the polling place.''.
SEC. 1004. CLARIFICATION OF REQUIREMENT REGARDING NECESSARY INFORMATION
TO SHOW ELIGIBILITY TO VOTE.
Section 8 of the National Voter Registration Act of 1993 (52 U.S.C.
20507) is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following new
subsection:
``(j) Requirement for State To Register Applicants Providing
Necessary Information To Show Eligibility To Vote.--For purposes
meeting the requirement of subsection (a)(1) that an eligible applicant
is registered to vote in an election for Federal office within the
deadlines required under such subsection, the State shall consider an
applicant to have provided a `valid voter registration form' if--
``(1) the applicant has substantially completed the
application form and attested to the statement required by
section 9(b)(2); and
``(2) in the case of an applicant who registers to vote
online in accordance with section 6A, the applicant provides a
signature in accordance with subsection (c) of such section.''.
SEC. 1005. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the amendments
made by this part (other than the amendments made by section 1004)
shall take effect January 1, 2020.
(b) Waiver.--Subject to the approval of the Election Assistance
Commission, if a State certifies to the Election Assistance Commission
that the State will not meet the deadline referred to in subsection (a)
because of extraordinary circumstances and includes in the
certification the reasons for the failure to meet the deadline,
subsection (a) shall apply to the State as if the reference in such
subsection to ``January 1, 2020'' were a reference to ``January 1,
2022''.
PART 2--AUTOMATIC VOTER REGISTRATION
SEC. 1011. SHORT TITLE; FINDINGS AND PURPOSE.
(a) Short Title.--This part may be cited as the ``Automatic Voter
Registration Act of 2019''.
(b) Findings and Purpose.--
(1) Findings.--Congress finds that--
(A) the right to vote is a fundamental right of
citizens of the United States;
(B) it is the responsibility of the State and Federal
Governments to ensure that every eligible citizen is
registered to vote;
(C) existing voter registration systems can be
inaccurate, costly, inaccessible and confusing, with
damaging effects on voter participation in elections
and disproportionate impacts on young people, persons
with disabilities, and racial and ethnic minorities;
and
(D) voter registration systems must be updated with
21st Century technologies and procedures to maintain
their security.
(2) Purpose.--It is the purpose of this part--
(A) to establish that it is the responsibility of
government at every level to ensure that all eligible
citizens are registered to vote;
(B) to enable the State and Federal Governments to
register all eligible citizens to vote with accurate,
cost-efficient, and up-to-date procedures;
(C) to modernize voter registration and list
maintenance procedures with electronic and Internet
capabilities; and
(D) to protect and enhance the integrity, accuracy,
efficiency, and accessibility of the electoral process
for all eligible citizens.
SEC. 1012. AUTOMATIC REGISTRATION OF ELIGIBLE INDIVIDUALS.
(a) Requiring States to Establish and Operate Automatic Registration
System.--
(1) In general.--The chief State election official of each
State shall establish and operate a system of automatic
registration for the registration of eligible individuals to
vote for elections for Federal office in the State, in
accordance with the provisions of this part.
(2) Definition.--The term ``automatic registration'' means a
system that registers an individual to vote in elections for
Federal office in a State, if eligible, by electronically
transferring the information necessary for registration from
government agencies to election officials of the State so that,
unless the individual affirmatively declines to be registered,
the individual will be registered to vote in such elections.
(b) Registration of Voters Based on New Agency Records.--The chief
State election official shall--
(1) not later than 15 days after a contributing agency has
transmitted information with respect to an individual pursuant
to section 1013, ensure that the individual is registered to
vote in elections for Federal office in the State if the
individual is eligible to be registered to vote in such
elections; and
(2) not later than 120 days after a contributing agency has
transmitted such information with respect to the individual,
send written notice to the individual, in addition to other
means of notice established by this part, of the individual's
voter registration status.
(c) One-time Registration of Voters Based on Existing Contributing
Agency Records.--The chief State election official shall--
(1) identify all individuals whose information is transmitted
by a contributing agency pursuant to section 1014 and who are
eligible to be, but are not currently, registered to vote in
that State;
(2) promptly send each such individual written notice, in
addition to other means of notice established by this part,
which shall not identify the contributing agency that
transmitted the information but shall include--
(A) an explanation that voter registration is
voluntary, but if the individual does not decline
registration, the individual will be registered to
vote;
(B) a statement offering the opportunity to decline
voter registration through means consistent with the
requirements of this part;
(C) in the case of a State in which affiliation or
enrollment with a political party is required in order
to participate in an election to select the party's
candidate in an election for Federal office, a
statement offering the individual the opportunity to
affiliate or enroll with a political party or to
decline to affiliate or enroll with a political party,
through means consistent with the requirements of this
part;
(D) the substantive qualifications of an elector in
the State as listed in the mail voter registration
application form for elections for Federal office
prescribed pursuant to section 9 of the National Voter
Registration Act of 1993, the consequences of false
registration, and a statement that the individual
should decline to register if the individual does not
meet all those qualifications;
(E) instructions for correcting any erroneous
information; and
(F) instructions for providing any additional
information which is listed in the mail voter
registration application form for elections for Federal
office prescribed pursuant to section 9 of the National
Voter Registration Act of 1993;
(3) ensure that each such individual who is eligible to
register to vote in elections for Federal office in the State
is promptly registered to vote not later than 45 days after the
official sends the individual the written notice under
paragraph (2), unless, during the 30-day period which begins on
the date the election official sends the individual such
written notice, the individual declines registration in
writing, through a communication made over the Internet, or by
an officially-logged telephone communication; and
(4) send written notice to each such individual, in addition
to other means of notice established by this part, of the
individual's voter registration status.
(d) Treatment of Individuals Under 18 Years of Age.--A State may not
refuse to treat an individual as an eligible individual for purposes of
this part on the grounds that the individual is less than 18 years of
age at the time a contributing agency receives information with respect
to the individual, so long as the individual is at least 16 years of
age at such time.
(e) Contributing Agency Defined.--In this part, the term
``contributing agency'' means, with respect to a State, an agency
listed in section 1013(e).
SEC. 1013. CONTRIBUTING AGENCY ASSISTANCE IN REGISTRATION.
(a) In General.--In accordance with this part, each contributing
agency in a State shall assist the State's chief election official in
registering to vote all eligible individuals served by that agency.
(b) Requirements for Contributing Agencies.--
(1) Instructions on automatic registration.--With each
application for service or assistance, and with each related
recertification, renewal, or change of address, or, in the case
of an institution of higher education, with each registration
of a student for enrollment in a course of study, each
contributing agency that (in the normal course of its
operations) requests individuals to affirm United States
citizenship (either directly or as part of the overall
application for service or assistance) shall inform each such
individual who is a citizen of the United States of the
following:
(A) Unless that individual declines to register to
vote, or is found ineligible to vote, the individual
will be registered to vote or, if applicable, the
individual's registration will be updated.
(B) The substantive qualifications of an elector in
the State as listed in the mail voter registration
application form for elections for Federal office
prescribed pursuant to section 9 of the National Voter
Registration Act of 1993, the consequences of false
registration, and the individual should decline to
register if the individual does not meet all those
qualifications.
(C) In the case of a State in which affiliation or
enrollment with a political party is required in order
to participate in an election to select the party's
candidate in an election for Federal office, the
requirement that the individual must affiliate or
enroll with a political party in order to participate
in such an election.
(D) Voter registration is voluntary, and neither
registering nor declining to register to vote will in
any way affect the availability of services or
benefits, nor be used for other purposes.
(2) Opportunity to decline registration required.--Each
contributing agency shall ensure that each application for
service or assistance, and each related recertification,
renewal, or change of address, or, in the case of an
institution of higher education, each registration of a student
for enrollment in a course of study, cannot be completed until
the individual is given the opportunity to decline to be
registered to vote.
(3) Information transmittal.--Upon the expiration of the 30-
day period which begins on the date the contributing agency
informs the individual of the information described in
paragraph (1), each contributing agency shall electronically
transmit to the appropriate State election official, in a
format compatible with the statewide voter database maintained
under section 303 of the Help America Vote Act of 2002 (52
U.S.C. 21083), the following information, unless during such
30-day period the individual declined to be registered to vote:
(A) The individual's given name(s) and surname(s).
(B) The individual's date of birth.
(C) The individual's residential address.
(D) Information showing that the individual is a
citizen of the United States.
(E) The date on which information pertaining to that
individual was collected or last updated.
(F) If available, the individual's signature in
electronic form.
(G) Information regarding the individual's
affiliation or enrollment with a political party, if
the individual provides such information.
(H) Any additional information listed in the mail
voter registration application form for elections for
Federal office prescribed pursuant to section 9 of the
National Voter Registration Act of 1993, including any
valid driver's license number or the last 4 digits of
the individual's social security number, if the
individual provided such information.
(c) Alternate Procedure for Certain Contributing Agencies.--With each
application for service or assistance, and with each related
recertification, renewal, or change of address, any contributing agency
that in the normal course of its operations does not request
individuals applying for service or assistance to affirm United States
citizenship (either directly or as part of the overall application for
service or assistance) shall--
(1) complete the requirements of section 7(a)(6) of the
National Voter Registration Act of 1993 (52 U.S.C.
20506(a)(6));
(2) ensure that each applicant's transaction with the agency
cannot be completed until the applicant has indicated whether
the applicant wishes to register to vote or declines to
register to vote in elections for Federal office held in the
State; and
(3) for each individual who wishes to register to vote,
transmit that individual's information in accordance with
subsection (b)(3).
(d) Required Availability of Automatic Registration Opportunity With
Each Application for Service or Assistance.--Each contributing agency
shall offer each individual, with each application for service or
assistance, and with each related recertification, renewal, or change
of address, or in the case of an institution of higher education, with
each registration of a student for enrollment in a course of study, the
opportunity to register to vote as prescribed by this section without
regard to whether the individual previously declined a registration
opportunity.
(e) Contributing Agencies.--
(1) State agencies.--In each State, each of the following
agencies shall be treated as a contributing agency:
(A) Each agency in a State that is required by
Federal law to provide voter registration services,
including the State motor vehicle authority and other
voter registration agencies under the National Voter
Registration Act of 1993.
(B) Each agency in a State that administers a program
pursuant to title III of the Social Security Act (42
U.S.C. 501 et seq.), title XIX of the Social Security
Act (42 U.S.C. 1396 et seq.), or the Patient Protection
and Affordable Care Act (Public Law 111-148).
(C) Each State agency primarily responsible for
regulating the private possession of firearms.
(D) Each State agency primarily responsible for
maintaining identifying information for students
enrolled at public secondary schools, including, where
applicable, the State agency responsible for
maintaining the education data system described in
section 6201(e)(2) of the America COMPETES Act (20
U.S.C. 9871(e)(2)).
(E) In the case of a State in which an individual
disenfranchised by a criminal conviction may become
eligible to vote upon completion of a criminal sentence
or any part thereof, or upon formal restoration of
rights, the State agency responsible for administering
that sentence, or part thereof, or that restoration of
rights.
(F) Any other agency of the State which is designated
by the State as a contributing agency.
(2) Federal agencies.--In each State, each of the following
agencies of the Federal government shall be treated as a
contributing agency with respect to individuals who are
residents of that State (except as provided in subparagraph
(C)):
(A) The Social Security Administration, the
Department of Veterans Affairs, the Defense Manpower
Data Center of the Department of Defense, the Employee
and Training Administration of the Department of Labor,
and the Center for Medicare & Medicaid Services of the
Department of Health and Human Services.
(B) The Bureau of Citizenship and Immigration
Services, but only with respect to individuals who have
completed the naturalization process.
(C) In the case of an individual who is a resident of
a State in which an individual disenfranchised by a
criminal conviction under Federal law may become
eligible to vote upon completion of a criminal sentence
or any part thereof, or upon formal restoration of
rights, the Federal agency responsible for
administering that sentence or part thereof (without
regard to whether the agency is located in the same
State in which the individual is a resident), but only
with respect to individuals who have completed the
criminal sentence or any part thereof.
(D) Any other agency of the Federal government which
the State designates as a contributing agency, but only
if the State and the head of the agency determine that
the agency collects information sufficient to carry out
the responsibilities of a contributing agency under
this section.
(3) Special rule for institutions of higher education.--
(A) Special rule.--For purposes of this part, each
institution of higher education described in
subparagraph (B) shall be treated as a contributing
agency in the State in which it is located, except
that--
(i) the institution shall be treated as a
contributing agency only if, in its normal
course of operations, the institution requests
each student registering for enrollment in a
course of study, including enrollment in a
program of distance education, as defined in
section 103(7) of the Higher Education Act of
1965 (20 U.S.C. 1003(7)), to affirm whether or
not the student is a United States citizen; and
(ii) if the institution is treated as a
contributing agency in a State pursuant to
clause (i), the institution shall serve as a
contributing agency only with respect to
students, including students enrolled in a
program of distance education, as defined in
section 103(7) of the Higher Education Act of
1965 (20 U.S.C. 1003(7)), who reside in the
State.
(B) Institutions described.--An institution described
in this subparagraph is an institution of higher
education which has a program participation agreement
in effect with the Secretary of Education under section
487 of the Higher Education Act of 1965 (20 U.S.C.
1094) and which is located in a State to which section
4(b) of the National Voter Registration Act of 1993 (52
U.S.C. 20503(b)) does not apply.
(4) Publication.--Not later than 180 days prior to the date
of each election for Federal office held in the State, the
chief State election official shall publish on the public
website of the official an updated list of all contributing
agencies in that State.
(5) Public education.--The chief State election official of
each State, in collaboration with each contributing agency,
shall take appropriate measures to educate the public about
voter registration under this section.
SEC. 1014. ONE-TIME CONTRIBUTING AGENCY ASSISTANCE IN REGISTRATION OF
ELIGIBLE VOTERS IN EXISTING RECORDS.
(a) Initial Transmittal of Information.--For each individual already
listed in a contributing agency's records as of the date of enactment
of this Act, and for whom the agency has the information listed in
section 1013(b)(3), the agency shall promptly transmit that information
to the appropriate State election official in accordance with section
1013(b)(3) not later than the effective date described in section
1011(a).
(b) Transition.--For each individual listed in a contributing
agency's records as of the effective date described in section 1011(a)
(but who was not listed in a contributing agency's records as of the
date of enactment of this Act), and for whom the agency has the
information listed in section 1013(b)(3), the Agency shall promptly
transmit that information to the appropriate State election official in
accordance with section 1013(b)(3) not later than 6 months after the
effective date described in section 1011(a).
SEC. 1015. VOTER PROTECTION AND SECURITY IN AUTOMATIC REGISTRATION.
(a) Protections for Errors in Registration.--An individual shall not
be prosecuted under any Federal or State law, adversely affected in any
civil adjudication concerning immigration status or naturalization, or
subject to an allegation in any legal proceeding that the individual is
not a citizen of the United States on any of the following grounds:
(1) The individual notified an election office of the
individual's automatic registration to vote under this part.
(2) The individual is not eligible to vote in elections for
Federal office but was automatically registered to vote under
this part.
(3) The individual was automatically registered to vote under
this part at an incorrect address.
(4) The individual declined the opportunity to register to
vote or did not make an affirmation of citizenship, including
through automatic registration, under this part.
(b) Limits on Use of Automatic Registration.--The automatic
registration of any individual or the fact that an individual declined
the opportunity to register to vote or did not make an affirmation of
citizenship (including through automatic registration) under this part
may not be used as evidence against that individual in any State or
Federal law enforcement proceeding, and an individual's lack of
knowledge or willfulness of such registration may be demonstrated by
the individual's testimony alone.
(c) Protection of Election Integrity.--Nothing in subsections (a) or
(b) may be construed to prohibit or restrict any action under color of
law against an individual who--
(1) knowingly and willfully makes a false statement to
effectuate or perpetuate automatic voter registration by any
individual; or
(2) casts a ballot knowingly and willfully in violation of
State law or the laws of the United States.
(d) Contributing Agencies' Protection of Information.--Nothing in
this part authorizes a contributing agency to collect, retain,
transmit, or publicly disclose any of the following:
(1) An individual's decision to decline to register to vote
or not to register to vote.
(2) An individual's decision not to affirm his or her
citizenship.
(3) Any information that a contributing agency transmits
pursuant to section 1013(b)(3), except in pursuing the agency's
ordinary course of business.
(e) Election Officials' Protection of Information.--
(1) Public disclosure prohibited.--
(A) In general.--Subject to subparagraph (B), with
respect to any individual for whom any State election
official receives information from a contributing
agency, the State election officials shall not publicly
disclose any of the following:
(i) The identity of the contributing agency.
(ii) Any information not necessary to voter
registration.
(iii) Any voter information otherwise
shielded from disclosure under State law or
section 8(a) of the National Voter Registration
Act of 1993 (52 U.S.C. 20507(a)).
(iv) Any portion of the individual's social
security number.
(v) Any portion of the individual's motor
vehicle driver's license number.
(vi) The individual's signature.
(vii) The individual's telephone number.
(viii) The individual's email address.
(B) Special rule for individuals registered to
vote.--With respect to any individual for whom any
State election official receives information from a
contributing agency and who, on the basis of such
information, is registered to vote in the State under
this part, the State election officials shall not
publicly disclose any of the following:
(i) The identity of the contributing agency.
(ii) Any information not necessary to voter
registration.
(iii) Any voter information otherwise
shielded from disclosure under State law or
section 8(a) of the National Voter Registration
Act of 1993 (52 U.S.C. 20507(a)).
(iv) Any portion of the individual's social
security number.
(v) Any portion of the individual's motor
vehicle driver's license number.
(vi) The individual's signature.
(2) Voter record changes.--Each State shall maintain for at
least 2 years and shall make available for public inspection
(and, where available, photocopying at a reasonable cost),
including in electronic form and through electronic methods,
all records of changes to voter records, including removals,
the reasons for removals, and updates.
(3) Database management standards.--The Director of the
National Institute of Standards and Technology shall, after
providing the public with notice and the opportunity to
comment--
(A) establish standards governing the comparison of
data for voter registration list maintenance purposes,
identifying as part of such standards the specific data
elements, the matching rules used, and how a State may
use the data to determine and deem that an individual
is ineligible under State law to vote in an election,
or to deem a record to be a duplicate or outdated;
(B) ensure that the standards developed pursuant to
this paragraph are uniform and nondiscriminatory and
are applied in a uniform and nondiscriminatory manner;
and
(C) not later than 45 days after the deadline for
public notice and comment, publish the standards
developed pursuant to this paragraph on the Director's
website and make those standards available in written
form upon request.
(4) Security policy.--The Director of the National Institute
of Standards and Technology shall, after providing the public
with notice and the opportunity to comment, publish privacy and
security standards for voter registration information not later
than 45 days after the deadline for public notice and comment.
The standards shall require the chief State election official
of each State to adopt a policy that shall specify--
(A) each class of users who shall have authorized
access to the computerized statewide voter registration
list, specifying for each class the permission and
levels of access to be granted, and setting forth other
safeguards to protect the privacy, security, and
accuracy of the information on the list; and
(B) security safeguards to protect personal
information transmitted through the information
transmittal processes of section 1013 or section 1014,
the online system used pursuant to section 1017, any
telephone interface, the maintenance of the voter
registration database, and any audit procedure to track
access to the system.
(5) State compliance with national standards.--
(A) Certification.--The chief executive officer of
the State shall annually file with the Election
Assistance Commission a statement certifying to the
Director of the National Institute of Standards and
Technology that the State is in compliance with the
standards referred to in paragraphs (3) and (4). A
State may meet the requirement of the previous sentence
by filing with the Commission a statement which reads
as follows: ``_____ hereby certifies that it is in
compliance with the standards referred to in paragraphs
(3) and (4) of section 1015(e) of the Automatic Voter
Registration Act of 2019.'' (with the blank to be
filled in with the name of the State involved).
(B) Publication of policies and procedures.--The
chief State election official of a State shall publish
on the official's website the policies and procedures
established under this section, and shall make those
policies and procedures available in written form upon
public request.
(C) Funding dependent on certification.--If a State
does not timely file the certification required under
this paragraph, it shall not receive any payment under
this part for the upcoming fiscal year.
(D) Compliance of states that require changes to
state law.--In the case of a State that requires State
legislation to carry out an activity covered by any
certification submitted under this paragraph, for a
period of not more than 2 years the State shall be
permitted to make the certification notwithstanding
that the legislation has not been enacted at the time
the certification is submitted, and such State shall
submit an additional certification once such
legislation is enacted.
(f) Restrictions on Use of Information.--No person acting under color
of law may discriminate against any individual based on, or use for any
purpose other than voter registration, election administration, or
enforcement relating to election crimes, any of the following:
(1) Voter registration records.
(2) An individual's declination to register to vote or
complete an affirmation of citizenship under section 1013(b).
(3) An individual's voter registration status.
(g) Prohibition on the Use of Voter Registration Information for
Commercial Purposes.--Information collected under this part shall not
be used for commercial purposes. Nothing in this subsection may be
construed to prohibit the transmission, exchange, or dissemination of
information for political purposes, including the support of campaigns
for election for Federal, State, or local public office or the
activities of political committees (including committees of political
parties) under the Federal Election Campaign Act of 1971.
SEC. 1016. REGISTRATION PORTABILITY AND CORRECTION.
(a) Correcting Registration Information at Polling Place.--
Notwithstanding section 302(a) of the Help America Vote Act of 2002 (52
U.S.C. 21082(a)), if an individual is registered to vote in elections
for Federal office held in a State, the appropriate election official
at the polling pace for any such election (including a location used as
a polling place on a date other than the date of the election) shall
permit the individual to--
(1) update the individual's address for purposes of the
records of the election official;
(2) correct any incorrect information relating to the
individual, including the individual's name and political party
affiliation, in the records of the election official; and
(3) cast a ballot in the election on the basis of the updated
address or corrected information, and to have the ballot
treated as a regular ballot and not as a provisional ballot
under section 302(a) of such Act.
(b) Updates to Computerized Statewide Voter Registration Lists.--If
an election official at the polling place receives an updated address
or corrected information from an individual under subsection (a), the
official shall ensure that the address or information is promptly
entered into the computerized Statewide voter registration list in
accordance with section 303(a)(1)(A)(vi) of the Help America Vote Act
of 2002 (52 U.S.C. 21083(a)(1)(A)(vi)).
SEC. 1017. PAYMENTS AND GRANTS.
(a) In General.--The Election Assistance Commission shall make grants
to each eligible State to assist the State in implementing the
requirements of this part (or, in the case of an exempt State, in
implementing its existing automatic voter registration program).
(b) Eligibility; Application.--A State is eligible to receive a grant
under this section if the State submits to the Commission, at such time
and in such form as the Commission may require, an application
containing--
(1) a description of the activities the State will carry out
with the grant;
(2) an assurance that the State shall carry out such
activities without partisan bias and without promoting any
particular point of view regarding any issue; and
(3) such other information and assurances as the Commission
may require.
(c) Amount of Grant; Priorities.--The Commission shall determine the
amount of a grant made to an eligible State under this section. In
determining the amounts of the grants, the Commission shall give
priority to providing funds for those activities which are most likely
to accelerate compliance with the requirements of this part (or, in the
case of an exempt State, which are most likely to enhance the ability
of the State to automatically register individuals to vote through its
existing automatic voter registration program), including--
(1) investments supporting electronic information transfer,
including electronic collection and transfer of signatures,
between contributing agencies and the appropriate State
election officials;
(2) updates to online or electronic voter registration
systems already operating as of the date of the enactment of
this Act;
(3) introduction of online voter registration systems in
jurisdictions in which those systems did not previously exist;
and
(4) public education on the availability of new methods of
registering to vote, updating registration, and correcting
registration.
(d) Authorization of Appropriations.--
(1) Authorization.--There are authorized to be appropriated
to carry out this section--
(A) $500,000,000 for fiscal year 2019; and
(B) such sums as may be necessary for each succeeding
fiscal year.
(2) Continuing availability of funds.--Any amounts
appropriated pursuant to the authority of this subsection shall
remain available without fiscal year limitation until expended.
SEC. 1018. TREATMENT OF EXEMPT STATES.
(a) Waiver of Requirements.--Except as provided in subsection (b),
this part does not apply with respect to an exempt State.
(b) Exceptions.--The following provisions of this part apply with
respect to an exempt State:
(1) section 1016 (relating to registration portability and
correction).
(2) section 1017 (relating to payments and grants).
(3) Section 1019(e) (relating to enforcement).
(4) Section 1019(f) (relating to relation to other laws).
SEC. 1019. MISCELLANEOUS PROVISIONS.
(a) Accessibility of Registration Services.--Each contributing agency
shall ensure that the services it provides under this part are made
available to individuals with disabilities to the same extent as
services are made available to all other individuals.
(b) Transmission Through Secure Third Party Permitted.--Nothing in
this part shall be construed to prevent a contributing agency from
contracting with a third party to assist the agency in meeting the
information transmittal requirements of this part, so long as the data
transmittal complies with the applicable requirements of this part,
including the privacy and security provisions of section 1015.
(c) Nonpartisan, Nondiscriminatory Provision of Services.--The
services made available by contributing agencies under this part and by
the State under sections 1006 and 1007 shall be made in a manner
consistent with paragraphs (4), (5), and (6)(C) of section 7(a) of the
National Voter Registration Act of 1993 (52 U.S.C. 20506(a)).
(d) Notices.--Each State may send notices under this part via
electronic mail if the individual has provided an electronic mail
address and consented to electronic mail communications for election-
related materials. All notices sent pursuant to this part that require
a response must offer the individual notified the opportunity to
respond at no cost to the individual.
(e) Enforcement.--Section 11 of the National Voter Registration Act
of 1993 (52 U.S.C. 20510), relating to civil enforcement and the
availability of private rights of action, shall apply with respect to
this part in the same manner as such section applies to such Act.
(f) Relation to Other Laws.--Except as provided, nothing in this part
may be construed to authorize or require conduct prohibited under, or
to supersede, restrict, or limit the application of any of the
following:
(1) The Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.).
(2) The Uniformed and Overseas Citizens Absentee Voting Act
(52 U.S.C. 20301 et seq.).
(3) The National Voter Registration Act of 1993 (52 U.S.C.
20501 et seq.).
(4) The Help America Vote Act of 2002 (52 U.S.C. 20901 et
seq.).
SEC. 1020. DEFINITIONS.
In this part, the following definitions apply:
(1) The term ``chief State election official'' means, with
respect to a State, the individual designated by the State
under section 10 of the National Voter Registration Act of 1993
(52 U.S.C. 20509) to be responsible for coordination of the
State's responsibilities under such Act.
(2) The term ``Commission'' means the Election Assistance
Commission.
(3) The term ``exempt State'' means a State which, under law
which is in effect continuously on and after the date of the
enactment of this Act, operates an automatic voter registration
program under which an individual is automatically registered
to vote in elections for Federal office in the State if the
individual provides the motor vehicle authority of the State
(or, in the case of a State in which an individual is
automatically registered to vote at the time the individual
applies for benefits or services with a Permanent Dividend Fund
of the State, provides the appropriate official of such Fund)
with such identifying information as the State may require.
(4) The term ``State'' means each of the several States and
the District of Columbia.
SEC. 1021. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this part and
the amendments made by this part shall apply with respect to a State
beginning January 1, 2021.
(b) Waiver.--Subject to the approval of the Commission, if a State
certifies to the Commission that the State will not meet the deadline
referred to in subsection (a) because of extraordinary circumstances
and includes in the certification the reasons for the failure to meet
the deadline, subsection (a) shall apply to the State as if the
reference in such subsection to ``January 1, 2021'' were a reference to
``January 1, 2023''.
PART 3--SAME DAY VOTER REGISTRATION
SEC. 1031. SAME DAY REGISTRATION.
(a) In General.--Title III of the Help America Vote Act of 2002 (52
U.S.C. 21081 et seq.) is amended--
(1) by redesignating sections 304 and 305 as sections 305 and
306; and
(2) by inserting after section 303 the following new section:
``SEC. 304. SAME DAY REGISTRATION.
``(a) In General.--
``(1) Registration.--Notwithstanding section 8(a)(1)(D) of
the National Voter Registration Act of 1993 (52 U.S.C.
20507(a)(1)(D)), each State shall permit any eligible
individual on the day of a Federal election and on any day when
voting, including early voting, is permitted for a Federal
election--
``(A) to register to vote in such election at the
polling place using a form that meets the requirements
under section 9(b) of the National Voter Registration
Act of 1993 (or, if the individual is already
registered to vote, to revise any of the individual's
voter registration information); and
``(B) to cast a vote in such election.
``(2) Exception.--The requirements under paragraph (1) shall
not apply to a State in which, under a State law in effect
continuously on and after the date of the enactment of this
section, there is no voter registration requirement for
individuals in the State with respect to elections for Federal
office.
``(b) Eligible Individual.--For purposes of this section, the term
`eligible individual' means, with respect to any election for Federal
office, an individual who is otherwise qualified to vote in that
election.
``(c) Effective Date.--Each State shall be required to comply with
the requirements of subsection (a) for the regularly scheduled general
election for Federal office occurring in November 2020 and for any
subsequent election for Federal office.''.
(b) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (52 U.S.C. 21111) is amended by striking ``sections 301, 302,
and 303'' and inserting ``subtitle A of title III''.
(c) Clerical Amendment.--The table of contents of such Act is
amended--
(1) by redesignating the items relating to sections 304 and
305 as relating to sections 305 and 306; and
(2) by inserting after the item relating to section 303 the
following new item:
``Sec. 304. Same day registration.''.
PART 4--CONDITIONS ON REMOVAL ON BASIS OF INTERSTATE CROSS-CHECKS
SEC. 1041. CONDITIONS ON REMOVAL OF REGISTRANTS FROM OFFICIAL LIST OF
ELIGIBLE VOTERS ON BASIS OF INTERSTATE CROSS-
CHECKS.
(a) Minimum Information Required for Removal Under Cross-check.--
Section 8(c)(2) of the National Voter Registration Act of 1993 (52
U.S.C. 20507(c)(2)) is amended--
(1) by redesignating subparagraph (B) as subparagraph (D);
and
(2) by inserting after subparagraph (A) the following new
subparagraphs:
``(B) To the extent that the program carried out by a State under
subparagraph (A) to systematically remove the names of ineligible
voters from the official lists of eligible voters uses information
obtained in an interstate cross-check, in addition to any other
conditions imposed under this Act on the authority of the State to
remove the name of the voter from such a list, the State may not remove
the name of the voter from such a list unless--
``(i) the State obtained the voter's full name (including the
voter's middle name, if any) and date of birth, and the last 4
digits of the voter's social security number, in the interstate
cross-check; or
``(ii) the State obtained documentation from the ERIC system
that the voter is no longer a resident of the State.
``(C) In this paragraph--
``(i) the term `interstate cross-check' means the
transmission of information from an election official in one
State to an election official of another State; and
``(ii) the term `ERIC system' means the system operated by
the Electronic Registration Information Center to share voter
registration information and voter identification information
among participating States.''.
(b) Requiring Completion of Cross-checks Not Later Than 6 Months
Prior to Election.--Subparagraph (A) of section 8(c)(2) of such Act (52
U.S.C. 20507(c)(2)) is amended by striking ``not later than 90 days''
and inserting the following: ``not later than 90 days (or, in the case
of a program in which the State uses interstate cross-checks, not later
than 6 months)''.
(c) Conforming Amendment.--Subparagraph (D) of section 8(c)(2) of
such Act (52 U.S.C. 20507(c)(2)), as redesignated by subsection (a)(1),
is amended by striking ``Subparagraph (A)'' and inserting ``This
paragraph''.
(d) Effective Date.--The amendments made by this Act shall apply with
respect to elections held on or after the expiration of the 6-month
period which begins on the date of the enactment of this Act.
PART 5--OTHER INITIATIVES TO PROMOTE VOTER REGISTRATION
SEC. 1051. ANNUAL REPORTS ON VOTER REGISTRATION STATISTICS.
(a) Annual Report.--Not later than 90 days after the end of each
year, each State shall submit to the Election Assistance Commission and
Congress a report containing the following categories of information
for the year:
(1) The number of individuals who were registered under part
2.
(2) The number of voter registration application forms
completed by individuals that were transmitted by motor vehicle
authorities in the State (pursuant to section 5(d) of the
National Voter Registration Act of 1993) and voter registration
agencies in the State (as designated under section 7 of such
Act) to the chief State election official of the State, broken
down by each such authority and agency.
(3) The number of such individuals whose voter registration
application forms were accepted and who were registered to vote
in the State and the number of such individuals whose forms
were rejected and who were not registered to vote in the State,
broken down by each such authority and agency.
(4) The number of change of address forms and other forms of
information indicating that an individual's identifying
information has been changed that were transmitted by such
motor vehicle authorities and voter registration agencies to
the chief State election official of the State, broken down by
each such authority and agency and the type of form
transmitted.
(5) The number of individuals on the Statewide computerized
voter registration list (as established and maintained under
section 303 of the Help America Vote Act of 2002) whose voter
registration information was revised by the chief State
election official as a result of the forms transmitted to the
official by such motor vehicle authorities and voter
registration agencies (as described in paragraph (3)), broken
down by each such authority and agency and the type of form
transmitted.
(6) The number of individuals who requested the chief State
election official to revise voter registration information on
such list, and the number of individuals whose information was
revised as a result of such a request.
(b) Breakdown of Information by Race and Ethnicity of Individuals.--
In preparing the report under this section, the State shall, for each
category of information described in subsection (a), include a
breakdown by race and ethnicity of the individuals whose information is
included in the category, to the extent that information on the race
and ethnicity of such individuals is available to the State.
(c) Confidentiality of Information.--In preparing and submitting a
report under this section, the chief State election official shall
ensure that no information regarding the identification of any
individual is revealed.
(d) State Defined.--In this section, a ``State'' includes the
District of Columbia, the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands, but does not include any State in which,
under a State law in effect continuously on and after the date of the
enactment of this Act, there is no voter registration requirement for
individuals in the State with respect to elections for Federal office.
PART 6--AVAILABILITY OF HAVA REQUIREMENTS PAYMENTS
SEC. 1061. AVAILABILITY OF REQUIREMENTS PAYMENTS UNDER HAVA TO COVER
COSTS OF COMPLIANCE WITH NEW REQUIREMENTS.
(a) In General.--Section 251(b) of the Help America Vote Act of 2002
(52 U.S.C. 21001(b)) is amended--
(1) in paragraph (1), by striking ``(2) and (3)'' and
inserting ``(2), (3), and (4)''; and
(2) by adding at the end the following new paragraph:
``(4) Certain voter registration activities.--A State may use
a requirements payment to carry out any of the requirements of
the Voter Registration Modernization Act of 2019, including the
requirements of the National Voter Registration Act of 1993
which are imposed pursuant to the amendments made to such Act
by the Voter Registration Modernization Act of 2019.''.
(b) Conforming Amendment.--Section 254(a)(1) of such Act (52 U.S.C.
21004(a)(1)) is amended by striking ``section 251(a)(2)'' and inserting
``section 251(b)(2)''.
(c) Effective Date.--The amendments made by this section shall apply
with respect to fiscal year 2018 and each succeeding fiscal year.
PART 7--PROHIBITING INTERFERENCE WITH VOTER REGISTRATION
SEC. 1071. [RESERVED].
SEC. 1072. ESTABLISHMENT OF BEST PRACTICES.
(a) Best Practices.--Not later than 180 days after the date of the
enactment of this Act, the Election Assistance Commission shall develop
and publish recommendations for best practices for States to use to
deter and prevent violations of section 612 of title 18, United States
Code (as added by section 1071), and section 12 of the National Voter
Registration Act of 1993 (52 U.S.C. 20511) (relating to the unlawful
interference with registering to vote, or voting, or attempting to
register to vote or vote), including practices to provide for the
posting of relevant information at polling places and voter
registration agencies under such Act, the training of poll workers and
election officials, and relevant educational materials. For purposes of
this subsection, the term ``State'' includes the District of Columbia,
the Commonwealth of Puerto Rico, Guam, American Samoa, the United
States Virgin Islands, and the Commonwealth of the Northern Mariana
Islands.
(b) Inclusion in Voter Information Requirements.--Section 302(b)(2)
of the Help America Vote Act of 2002 (52 U.S.C. 21082(b)(2)) is
amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F) and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(G) information relating to the prohibitions of
section 612 of title 18, United States Code, and
section 12 of the National Voter Registration Act of
1993 (52 U.S.C. 20511) (relating to the unlawful
interference with registering to vote, or voting, or
attempting to register to vote or vote), including
information on how individuals may report allegations
of violations of such prohibitions.''.
Subtitle B--Access to Voting for Individuals With Disabilities
SEC. 1101. REQUIREMENTS FOR STATES TO PROMOTE ACCESS TO VOTER
REGISTRATION AND VOTING FOR INDIVIDUALS WITH
DISABILITIES.
(a) Requirements.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a),
is amended--
(1) by redesignating sections 305 and 306 as sections 306 and
307; and
(2) by inserting after section 304 the following new section:
``SEC. 305. ACCESS TO VOTER REGISTRATION AND VOTING FOR INDIVIDUALS
WITH DISABILITIES.
``(a) Treatment of Applications and Ballots.--Each State shall--
``(1) permit individuals with disabilities to use absentee
registration procedures and to vote by absentee ballot in
elections for Federal office;
``(2) accept and process, with respect to any election for
Federal office, any otherwise valid voter registration
application and absentee ballot application from an individual
with a disability if the application is received by the
appropriate State election official within the deadline for the
election which is applicable under Federal law;
``(3) in addition to any other method of registering to vote
or applying for an absentee ballot in the State, establish
procedures--
``(A) for individuals with disabilities to request by
mail and electronically voter registration applications
and absentee ballot applications with respect to
elections for Federal office in accordance with
subsection (c);
``(B) for States to send by mail and electronically
(in accordance with the preferred method of
transmission designated by the individual under
subparagraph (C)) voter registration applications and
absentee ballot applications requested under
subparagraph (A) in accordance with subsection (c); and
``(C) by which such an individual can designate
whether the individual prefers that such voter
registration application or absentee ballot application
be transmitted by mail or electronically;
``(4) in addition to any other method of transmitting blank
absentee ballots in the State, establish procedures for
transmitting by mail and electronically blank absentee ballots
to individuals with disabilities with respect to elections for
Federal office in accordance with subsection (d);
``(5) transmit a validly requested absentee ballot to an
individual with a disability--
``(A) except as provided in subsection (e), in the
case in which the request is received at least 45 days
before an election for Federal office, not later than
45 days before the election; and
``(B) in the case in which the request is received
less than 45 days before an election for Federal
office--
``(i) in accordance with State law; and
``(ii) if practicable and as determined
appropriate by the State, in a manner that
expedites the transmission of such absentee
ballot; and
``(6) if the State declares or otherwise holds a runoff
election for Federal office, establish a written plan that
provides absentee ballots are made available to individuals
with disabilities in a manner that gives them sufficient time
to vote in the runoff election.
``(b) Designation of Single State Office To Provide Information on
Registration and Absentee Ballot Procedures for All Disabled Voters in
State.--Each State shall designate a single office which shall be
responsible for providing information regarding voter registration
procedures and absentee ballot procedures to be used by individuals
with disabilities with respect to elections for Federal office to all
individuals with disabilities who wish to register to vote or vote in
any jurisdiction in the State.
``(c) Designation of Means of Electronic Communication for
Individuals With Disabilities To Request and for States To Send Voter
Registration Applications and Absentee Ballot Applications, and for
Other Purposes Related to Voting Information.--
``(1) In general.--Each State shall, in addition to the
designation of a single State office under subsection (b),
designate not less than 1 means of electronic communication--
``(A) for use by individuals with disabilities who
wish to register to vote or vote in any jurisdiction in
the State to request voter registration applications
and absentee ballot applications under subsection
(a)(3);
``(B) for use by States to send voter registration
applications and absentee ballot applications requested
under such subsection; and
``(C) for the purpose of providing related voting,
balloting, and election information to individuals with
disabilities.
``(2) Clarification regarding provision of multiple means of
electronic communication.--A State may, in addition to the
means of electronic communication so designated, provide
multiple means of electronic communication to individuals with
disabilities, including a means of electronic communication for
the appropriate jurisdiction of the State.
``(3) Inclusion of designated means of electronic
communication with informational and instructional materials
that accompany balloting materials.--Each State shall include a
means of electronic communication so designated with all
informational and instructional materials that accompany
balloting materials sent by the State to individuals with
disabilities.
``(4) Transmission if no preference indicated.--In the case
where an individual with a disability does not designate a
preference under subsection (a)(3)(C), the State shall transmit
the voter registration application or absentee ballot
application by any delivery method allowable in accordance with
applicable State law, or if there is no applicable State law,
by mail.
``(d) Transmission of Blank Absentee Ballots by Mail and
Electronically.--
``(1) In general.--Each State shall establish procedures--
``(A) to securely transmit blank absentee ballots by
mail and electronically (in accordance with the
preferred method of transmission designated by the
individual with a disability under subparagraph (B)) to
individuals with disabilities for an election for
Federal office; and
``(B) by which the individual with a disability can
designate whether the individual prefers that such
blank absentee ballot be transmitted by mail or
electronically.
``(2) Transmission if no preference indicated.--In the case
where an individual with a disability does not designate a
preference under paragraph (1)(B), the State shall transmit the
ballot by any delivery method allowable in accordance with
applicable State law, or if there is no applicable State law,
by mail.
``(3) Application of methods to track delivery to and return
of ballot by individual requesting ballot.--Under the
procedures established under paragraph (1), the State shall
apply such methods as the State considers appropriate, such as
assigning a unique identifier to the ballot, to ensure that if
an individual with a disability requests the State to transmit
a blank absentee ballot to the individual in accordance with
this subsection, the voted absentee ballot which is returned by
the individual is the same blank absentee ballot which the
State transmitted to the individual.
``(e) Hardship Exemption.--
``(1) In general.--If the chief State election official
determines that the State is unable to meet the requirement
under subsection (a)(5)(A) with respect to an election for
Federal office due to an undue hardship described in paragraph
(2)(B), the chief State election official shall request that
the Attorney General grant a waiver to the State of the
application of such subsection. Such request shall include--
``(A) a recognition that the purpose of such
subsection is to individuals with disabilities enough
time to vote in an election for Federal office;
``(B) an explanation of the hardship that indicates
why the State is unable to transmit such individuals an
absentee ballot in accordance with such subsection;
``(C) the number of days prior to the election for
Federal office that the State requires absentee ballots
be transmitted to such individuals; and
``(D) a comprehensive plan to ensure that such
individuals are able to receive absentee ballots which
they have requested and submit marked absentee ballots
to the appropriate State election official in time to
have that ballot counted in the election for Federal
office, which includes--
``(i) the steps the State will undertake to
ensure that such individuals have time to
receive, mark, and submit their ballots in time
to have those ballots counted in the election;
``(ii) why the plan provides such individuals
sufficient time to vote as a substitute for the
requirements under such subsection; and
``(iii) the underlying factual information
which explains how the plan provides such
sufficient time to vote as a substitute for
such requirements.
``(2) Approval of waiver request.--The Attorney General shall
approve a waiver request under paragraph (1) if the Attorney
General determines each of the following requirements are met:
``(A) The comprehensive plan under subparagraph (D)
of such paragraph provides individuals with
disabilities sufficient time to receive absentee
ballots they have requested and submit marked absentee
ballots to the appropriate State election official in
time to have that ballot counted in the election for
Federal office.
``(B) One or more of the following issues creates an
undue hardship for the State:
``(i) The State's primary election date
prohibits the State from complying with
subsection (a)(5)(A).
``(ii) The State has suffered a delay in
generating ballots due to a legal contest.
``(iii) The State Constitution prohibits the
State from complying with such subsection.
``(3) Timing of waiver.--
``(A) In general.--Except as provided under
subparagraph (B), a State that requests a waiver under
paragraph (1) shall submit to the Attorney General the
written waiver request not later than 90 days before
the election for Federal office with respect to which
the request is submitted. The Attorney General shall
approve or deny the waiver request not later than 65
days before such election.
``(B) Exception.--If a State requests a waiver under
paragraph (1) as the result of an undue hardship
described in paragraph (2)(B)(ii), the State shall
submit to the Attorney General the written waiver
request as soon as practicable. The Attorney General
shall approve or deny the waiver request not later than
5 business days after the date on which the request is
received.
``(4) Application of waiver.--A waiver approved under
paragraph (2) shall only apply with respect to the election for
Federal office for which the request was submitted. For each
subsequent election for Federal office, the Attorney General
shall only approve a waiver if the State has submitted a
request under paragraph (1) with respect to such election.
``(f) Rule of Construction.--Nothing in this section may be construed
to allow the marking or casting of ballots over the internet.
``(g) Individual With a Disability Defined.--In this section, an
`individual with a disability' means an individual with an impairment
that substantially limits any major life activities and who is
otherwise qualified to vote in elections for Federal office.
``(h) Effective Date.--This section shall apply with respect to
elections for Federal office held on or after January 1, 2020.''.
(b) Conforming Amendment Relating to Issuance of Voluntary Guidance
by Election Assistance Commission.--Section 311(b) of such Act (52
U.S.C. 21101(b)) is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) in the case of the recommendations with respect to
section 305, January 1, 2020.''.
(c) Clerical Amendment.--The table of contents of such Act, as
amended by section 1031(c), is amended--
(1) by redesignating the items relating to sections 305 and
306 as relating to sections 306 and 307; and
(2) by inserting after the item relating to section 304 the
following new item:
``Sec. 305. Access to voter registration and voting for individuals
with disabilities.''.
SEC. 1102. EXPANSION AND REAUTHORIZATION OF GRANT PROGRAM TO ASSURE
VOTING ACCESS FOR INDIVIDUALS WITH DISABILITIES.
(a) Purposes of Payments.--Section 261(b) of the Help America Vote
Act of 2002 (52 U.S.C. 21021(b)) is amended by striking paragraphs (1)
and (2) and inserting the following:
``(1) making absentee voting and voting at home accessible to
individuals with the full range of disabilities (including
impairments involving vision, hearing, mobility, or dexterity)
through the implementation of accessible absentee voting
systems that work in conjunction with assistive technologies
for which individuals have access at their homes, independent
living centers, or other facilities;
``(2) making polling places, including the path of travel,
entrances, exits, and voting areas of each polling facility,
accessible to individuals with disabilities, including the
blind and visually impaired, in a manner that provides the same
opportunity for access and participation (including privacy and
independence) as for other voters; and
``(3) providing solutions to problems of access to voting and
elections for individuals with disabilities that are
universally designed and provide the same opportunities for
individuals with and without disabilities.''.
(b) Reauthorization.--Section 264(a) of such Act (52 U.S.C. 21024(a))
is amended by adding at the end the following new paragraph:
``(4) For fiscal year 2020 and each succeeding fiscal year,
such sums as may be necessary to carry out this part.''.
(c) Period of Availability of Funds.--Section 264 of such Act (52
U.S.C. 21024) is amended--
(1) in subsection (b), by striking ``Any amounts'' and
inserting ``Except as provided in subsection (b), any
amounts''; and
(2) by adding at the end the following new subsection:
``(c) Return and Transfer of Certain Funds.--
``(1) Deadline for obligation and expenditure.--In the case
of any amounts appropriated pursuant to the authority of
subsection (a) for a payment to a State or unit of local
government for fiscal year 2020 or any succeeding fiscal year,
any portion of such amounts which have not been obligated or
expended by the State or unit of local government prior to the
expiration of the 4-year period which begins on the date the
State or unit of local government first received the amounts
shall be transferred to the Commission.
``(2) Reallocation of transferred amounts.--
``(A) In general.--The Commission shall use the
amounts transferred under paragraph (1) to make
payments on a pro rata basis to each covered payment
recipient described in subparagraph (B), which may
obligate and expend such payment for the purposes
described in section 261(b) during the 1-year period
which begins on the date of receipt.
``(B) Covered payment recipients described.--In
subparagraph (A), a `covered payment recipient' is a
State or unit of local government with respect to
which--
``(i) amounts were appropriated pursuant to
the authority of subsection (a); and
``(ii) no amounts were transferred to the
Commission under paragraph (1).''.
Subtitle C--Prohibiting Voter Caging
SEC. 1201. [RESERVED].
SEC. 1202. DEVELOPMENT AND ADOPTION OF BEST PRACTICES FOR PREVENTING
VOTER CAGING.
(a) Best Practices.--Not later than 180 days after the date of the
enactment of this Act, the Election Assistance Commission shall develop
and publish for the use of States recommendations for best practices to
deter and prevent violations of section 613 of title 18, United States
Code, as added by section 1201(a), including practices to provide for
the posting of relevant information at polling places and voter
registration agencies, the training of poll workers and election
officials, and relevant educational measures. For purposes of this
subsection, the term ``State'' includes the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the United States
Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
(b) Inclusion in Voting Information Requirements.--Section 302(b)(2)
of the Help America Vote Act of 2002 (52 U.S.C. 21082(b)(2)), as
amended by section 1072(b), is amended--
(1) by striking ``and'' at the end of subparagraph (F);
(2) by striking the period at the end of subparagraph (G) and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(H) information relating to the prohibition against
voter caging and other questionable challenges (as set
forth in section 613 of title 18, United States Code),
including information on how individuals may report
allegations of violations of such prohibition.''.
Subtitle D--[Reserved]
Subtitle E--[Reserved]
Subtitle F--Promoting Accuracy, Integrity, and Security Through Voter-
Verified Permanent Paper Ballot
SEC. 1501. SHORT TITLE.
This subtitle may be cited as the ``Voter Confidence and Increased
Accessibility Act of 2019''.
SEC. 1502. PAPER BALLOT AND MANUAL COUNTING REQUIREMENTS.
(a) In General.--Section 301(a)(2) of the Help America Vote Act of
2002 (52 U.S.C. 21081(a)(2)) is amended to read as follows:
``(2) Paper ballot requirement.--
``(A) Voter-verified paper ballots.--
``(i) Paper ballot requirement.--(I) The
voting system shall require the use of an
individual, durable, voter-verified paper
ballot of the voter's vote that shall be marked
and made available for inspection and
verification by the voter before the voter's
vote is cast and counted, and which shall be
counted by hand or read by an optical character
recognition device or other counting device.
For purposes of this subclause, the term
`individual, durable, voter-verified paper
ballot' means a paper ballot marked by the
voter by hand or a paper ballot marked through
the use of a nontabulating ballot marking
device or system, so long as the voter shall
have the option to mark his or her ballot by
hand.
``(II) The voting system shall provide the
voter with an opportunity to correct any error
on the paper ballot before the permanent voter-
verified paper ballot is preserved in
accordance with clause (ii).
``(III) The voting system shall not preserve
the voter-verified paper ballots in any manner
that makes it possible, at any time after the
ballot has been cast, to associate a voter with
the record of the voter's vote without the
voter's consent.
``(ii) Preservation as official record.--The
individual, durable, voter-verified paper
ballot used in accordance with clause (i) shall
constitute the official ballot and shall be
preserved and used as the official ballot for
purposes of any recount or audit conducted with
respect to any election for Federal office in
which the voting system is used.
``(iii) Manual counting requirements for
recounts and audits.--(I) Each paper ballot
used pursuant to clause (i) shall be suitable
for a manual audit, and shall be counted by
hand in any recount or audit conducted with
respect to any election for Federal office.
``(II) In the event of any inconsistencies or
irregularities between any electronic vote
tallies and the vote tallies determined by
counting by hand the individual, durable,
voter-verified paper ballots used pursuant to
clause (i), and subject to subparagraph (B),
the individual, durable, voter-verified paper
ballots shall be the true and correct record of
the votes cast.
``(iv) Application to all ballots.--The
requirements of this subparagraph shall apply
to all ballots cast in elections for Federal
office, including ballots cast by absent
uniformed services voters and overseas voters
under the Uniformed and Overseas Citizens
Absentee Voting Act and other absentee voters.
``(B) Special rule for treatment of disputes when
paper ballots have been shown to be compromised.--
``(i) In general.--In the event that--
``(I) there is any inconsistency
between any electronic vote tallies and
the vote tallies determined by counting
by hand the individual, durable, voter-
verified paper ballots used pursuant to
subparagraph (A)(i) with respect to any
election for Federal office; and
``(II) it is demonstrated by clear
and convincing evidence (as determined
in accordance with the applicable
standards in the jurisdiction involved)
in any recount, audit, or contest of
the result of the election that the
paper ballots have been compromised (by
damage or mischief or otherwise) and
that a sufficient number of the ballots
have been so compromised that the
result of the election could be
changed,
the determination of the appropriate remedy
with respect to the election shall be made in
accordance with applicable State law, except
that the electronic tally shall not be used as
the exclusive basis for determining the
official certified result.
``(ii) Rule for consideration of ballots
associated with each voting machine.--For
purposes of clause (i), only the paper ballots
deemed compromised, if any, shall be considered
in the calculation of whether or not the result
of the election could be changed due to the
compromised paper ballots.''.
(b) Conforming Amendment Clarifying Applicability of Alternative
Language Accessibility.--Section 301(a)(4) of such Act (52 U.S.C.
21081(a)(4)) is amended by inserting ``(including the paper ballots
required to be used under paragraph (2))'' after ``voting system''.
(c) Other Conforming Amendments.--Section 301(a)(1) of such Act (52
U.S.C. 21081(a)(1)) is amended--
(1) in subparagraph (A)(i), by striking ``counted'' and
inserting ``counted, in accordance with paragraphs (2) and
(3)'';
(2) in subparagraph (A)(ii), by striking ``counted'' and
inserting ``counted, in accordance with paragraphs (2) and
(3)'';
(3) in subparagraph (A)(iii), by striking ``counted'' each
place it appears and inserting ``counted, in accordance with
paragraphs (2) and (3)''; and
(4) in subparagraph (B)(ii), by striking ``counted'' and
inserting ``counted, in accordance with paragraphs (2) and
(3)''.
SEC. 1503. ACCESSIBILITY AND BALLOT VERIFICATION FOR INDIVIDUALS WITH
DISABILITIES.
(a) In General.--Section 301(a)(3)(B) of the Help America Vote Act of
2002 (52 U.S.C. 21081(a)(3)(B)) is amended to read as follows:
``(B)(i) ensure that individuals with disabilities
and others are given an equivalent opportunity to vote,
including with privacy and independence, in a manner
that produces a voter-verified paper ballot as for
other voters;
``(ii) satisfy the requirement of subparagraph (A)
through the use of at least one voting system equipped
for individuals with disabilities, including nonvisual
and enhanced visual accessibility for the blind and
visually impaired, and nonmanual and enhanced manual
accessibility for the mobility and dexterity impaired,
at each polling place; and
``(iii) meet the requirements of subparagraph (A) and
paragraph (2)(A) by using a system that--
``(I) allows the voter to privately and
independently verify the permanent paper ballot
through the presentation, in accessible form,
of the printed or marked vote selections from
the same printed or marked information that
would be used for any vote counting or
auditing; and
``(II) allows the voter to privately and
independently verify and cast the permanent
paper ballot without requiring the voter to
manually handle the paper ballot.''.
(b) Specific Requirement of Study, Testing, and Development of
Accessible Paper Ballot Verification Mechanisms.--
(1) Study and reporting.--Subtitle C of title II of such Act
(52 U.S.C. 21081 et seq.) is amended--
(A) by redesignating section 247 as section 248; and
(B) by inserting after section 246 the following new
section:
``SEC. 247. STUDY AND REPORT ON ACCESSIBLE PAPER BALLOT VERIFICATION
MECHANISMS.
``(a) Study and Report.--The Director of the National Science
Foundation shall make grants to not fewer than 3 eligible entities to
study, test, and develop accessible paper ballot voting, verification,
and casting mechanisms and devices and best practices to enhance the
accessibility of paper ballot voting and verification mechanisms for
individuals with disabilities, for voters whose primary language is not
English, and for voters with difficulties in literacy, including best
practices for the mechanisms themselves and the processes through which
the mechanisms are used.
``(b) Eligibility.--An entity is eligible to receive a grant under
this part if it submits to the Director (at such time and in such form
as the Director may require) an application containing--
``(1) certifications that the entity shall specifically
investigate enhanced methods or devices, including non-
electronic devices, that will assist such individuals and
voters in marking voter-verified paper ballots and presenting
or transmitting the information printed or marked on such
ballots back to such individuals and voters, and casting such
ballots;
``(2) a certification that the entity shall complete the
activities carried out with the grant not later than December
31, 2020; and
``(3) such other information and certifications as the
Director may require.
``(c) Availability of Technology.--Any technology developed with the
grants made under this section shall be treated as non-proprietary and
shall be made available to the public, including to manufacturers of
voting systems.
``(d) Coordination With Grants for Technology Improvements.--The
Director shall carry out this section so that the activities carried
out with the grants made under subsection (a) are coordinated with the
research conducted under the grant program carried out by the
Commission under section 271, to the extent that the Director and
Commission determine necessary to provide for the advancement of
accessible voting technology.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out subsection (a) $5,000,000, to remain
available until expended.''.
(2) Clerical amendment.--The table of contents of such Act is
amended--
(A) by redesignating the item relating to section 247
as relating to section 248; and
(B) by inserting after the item relating to section
246 the following new item:
``Sec. 247. Study and report on accessible paper ballot verification
mechanisms.''.
(c) Clarification of Accessibility Standards Under Voluntary Voting
System Guidance.--In adopting any voluntary guidance under subtitle B
of title III of the Help America Vote Act with respect to the
accessibility of the paper ballot verification requirements for
individuals with disabilities, the Election Assistance Commission shall
include and apply the same accessibility standards applicable under the
voluntary guidance adopted for accessible voting systems under such
subtitle.
(d) Permitting Use of Funds for Protection and Advocacy Systems to
Support Actions to Enforce Election-related Disability Access.--Section
292(a) of the Help America Vote Act of 2002 (52 U.S.C. 21062(a)) is
amended by striking ``; except that'' and all that follows and
inserting a period.
SEC. 1504. DURABILITY AND READABILITY REQUIREMENTS FOR BALLOTS.
Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C.
21081(a)) is amended by adding at the end the following new paragraph:
``(7) Durability and readability requirements for ballots.--
``(A) Durability requirements for paper ballots.--
``(i) In general.--All voter-verified paper
ballots required to be used under this Act
shall be marked or printed on durable paper.
``(ii) Definition.--For purposes of this Act,
paper is `durable' if it is capable of
withstanding multiple counts and recounts by
hand without compromising the fundamental
integrity of the ballots, and capable of
retaining the information marked or printed on
them for the full duration of a retention and
preservation period of 22 months.
``(B) Readability requirements for paper ballots
marked by ballot marking device.--All voter-verified
paper ballots completed by the voter through the use of
a ballot marking device shall be clearly readable by
the voter without assistance (other than eyeglasses or
other personal vision enhancing devices) and by an
optical character recognition device or other device
equipped for individuals with disabilities.''.
SEC. 1505. EFFECTIVE DATE FOR NEW REQUIREMENTS.
Section 301(d) of the Help America Vote Act of 2002 (52 U.S.C.
21081(d)) is amended to read as follows:
``(d) Effective Date.--
``(1) In general.--Except as provided in paragraph (2), each
State and jurisdiction shall be required to comply with the
requirements of this section on and after January 1, 2006.
``(2) Special rule for certain requirements.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), the requirements of this
section which are first imposed on a State and
jurisdiction pursuant to the amendments made by the
Voter Confidence and Increased Accessibility Act of
2019 shall apply with respect to voting systems used
for any election for Federal office held in 2020 or any
succeeding year.
``(B) Delay for jurisdictions using certain paper
record printers or certain systems using or producing
voter-verifiable paper records in 2018.--
``(i) Delay.--In the case of a jurisdiction
described in clause (ii), subparagraph (A)
shall apply to a voting system in the
jurisdiction as if the reference in such
subparagraph to `2020' were a reference to
`2022', but only with respect to the following
requirements of this section:
``(I) Paragraph (2)(A)(i)(I) of
subsection (a) (relating to the use of
voter-verified paper ballots).
``(II) Paragraph (3)(B)(ii)(I) and
(II) of subsection (a) (relating to
access to verification from and casting
of the durable paper ballot).
``(III) Paragraph (7) of subsection
(a) (relating to durability and
readability requirements for ballots).
``(ii) Jurisdictions described.--A
jurisdiction described in this clause is a
jurisdiction--
``(I) which used voter verifiable
paper record printers attached to
direct recording electronic voting
machines, or which used other voting
systems that used or produced paper
records of the vote verifiable by
voters but that are not in compliance
with paragraphs (2)(A)(i)(I),
(3)(B)(iii)(I) and (II), and (7) of
subsection (a) (as amended or added by
the Voter Confidence and Increased
Accessibility Act of 2019), for the
administration of the regularly
scheduled general election for Federal
office held in November 2018; and
``(II) which will continue to use
such printers or systems for the
administration of elections for Federal
office held in years before 2022.
``(iii) Mandatory availability of paper
ballots at polling places using grandfathered
printers and systems.--
``(I) Requiring ballots to be offered
and provided.--The appropriate election
official at each polling place that
uses a printer or system described in
clause (ii)(I) for the administration
of elections for Federal office shall
offer each individual who is eligible
to cast a vote in the election at the
polling place the opportunity to cast
the vote using a blank pre-printed
paper ballot which the individual may
mark by hand and which is not produced
by the direct recording electronic
voting machine or other such system.
The official shall provide the
individual with the ballot and the
supplies necessary to mark the ballot,
and shall ensure (to the greatest
extent practicable) that the waiting
period for the individual to cast a
vote is the lesser of 30 minutes or the
average waiting period for an
individual who does not agree to cast
the vote using such a paper ballot
under this clause.
``(II) Treatment of ballot.--Any
paper ballot which is cast by an
individual under this clause shall be
counted and otherwise treated as a
regular ballot for all purposes
(including by incorporating it into the
final unofficial vote count (as defined
by the State) for the precinct) and not
as a provisional ballot, unless the
individual casting the ballot would
have otherwise been required to cast a
provisional ballot.
``(III) Posting of notice.--The
appropriate election official shall
ensure there is prominently displayed
at each polling place a notice that
describes the obligation of the
official to offer individuals the
opportunity to cast votes using a pre-
printed blank paper ballot.
``(IV) Training of election
officials.--The chief State election
official shall ensure that election
officials at polling places in the
State are aware of the requirements of
this clause, including the requirement
to display a notice under subclause
(III), and are aware that it is a
violation of the requirements of this
title for an election official to fail
to offer an individual the opportunity
to cast a vote using a blank pre-
printed paper ballot.
``(V) Period of applicability.--The
requirements of this clause apply only
during the period in which the delay is
in effect under clause (i).
``(C) Special rule for jurisdictions using certain
nontabulating ballot marking devices.--In the case of a
jurisdiction which uses a nontabulating ballot marking
device which automatically deposits the ballot into a
privacy sleeve, subparagraph (A) shall apply to a
voting system in the jurisdiction as if the reference
in such subparagraph to `any election for Federal
office held in 2020 or any succeeding year' were a
reference to `elections for Federal office occurring
held in 2022 or each succeeding year', but only with
respect to paragraph (3)(B)(iii)(II) of subsection (a)
(relating to nonmanual casting of the durable paper
ballot).''.
Subtitle G--Provisional Ballots
SEC. 1601. REQUIREMENTS FOR COUNTING PROVISIONAL BALLOTS; ESTABLISHMENT
OF UNIFORM AND NONDISCRIMINATORY STANDARDS.
(a) In General.--Section 302 of the Help America Vote Act of 2002 (52
U.S.C. 21082) is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following new
subsections:
``(d) Statewide Counting of Provisional Ballots.--
``(1) In general.--For purposes of subsection (a)(4),
notwithstanding the precinct or polling place at which a
provisional ballot is cast within the State, the appropriate
election official shall count each vote on such ballot for each
election in which the individual who cast such ballot is
eligible to vote.
``(2) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2020.
``(e) Uniform and Nondiscriminatory Standards.--
``(1) In general.--Consistent with the requirements of this
section, each State shall establish uniform and
nondiscriminatory standards for the issuance, handling, and
counting of provisional ballots.
``(2) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2020.''.
(b) Conforming Amendment.--Section 302(f) of such Act (52 U.S.C.
21082(f)), as redesignated by subsection (a), is amended by striking
``Each State'' and inserting ``Except as provided in subsections (d)(2)
and (e)(2), each State''.
Subtitle H--Early Voting
SEC. 1611. EARLY VOTING.
(a) Requirements.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a)
and section 1101(a), is amended--
(1) by redesignating sections 306 and 307 as sections 307 and
308; and
(2) by inserting after section 305 the following new section:
``SEC. 306. EARLY VOTING.
``(a) Requiring Voting Prior to Date of Election.--
``(1) In general.--Each State shall allow individuals to vote
in an election for Federal office during an early voting period
which occurs prior to the date of the election, in the same
manner as voting is allowed on such date.
``(2) Length of period.--The early voting period required
under this subsection with respect to an election shall consist
of a period of consecutive days (including weekends) which
begins on the 15th day before the date of the election (or, at
the option of the State, on a day prior to the 15th day before
the date of the election) and ends on the date of the election.
``(b) Minimum Early Voting Requirements.--Each polling place which
allows voting during an early voting period under subsection (a)
shall--
``(1) allow such voting for no less than 4 hours on each day,
except that the polling place may allow such voting for fewer
than 4 hours on Sundays; and
``(2) have uniform hours each day for which such voting
occurs.
``(c) Location of Polling Places Near Public Transportation.--To the
greatest extent practicable, a State shall ensure that each polling
place which allows voting during an early voting period under
subsection (a) is located within walking distance of a stop on a public
transportation route.
``(d) Standards.--
``(1) In general.--The Commission shall issue standards for
the administration of voting prior to the day scheduled for a
Federal election. Such standards shall include the
nondiscriminatory geographic placement of polling places at
which such voting occurs.
``(2) Deviation.--The standards described in paragraph (1)
shall permit States, upon providing adequate public notice, to
deviate from any requirement in the case of unforeseen
circumstances such as a natural disaster, terrorist attack, or
a change in voter turnout.
``(e) Effective Date.--This section shall apply with respect to
elections held on or after January 1, 2020.''.
(b) Conforming Amendment Relating to Issuance of Voluntary Guidance
by Election Assistance Commission.--Section 311(b) of such Act (52
U.S.C. 21101(b)), as amended by section 1101(b), is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(5) in the case of the recommendations with respect to
section 306, June 30, 2020.''.
(c) Clerical Amendment.--The table of contents of such Act, as
amended by section 1031(c) and section 1101(d), is amended--
(1) by redesignating the items relating to sections 306 and
307 as relating to sections 307 and 308; and
(2) by inserting after the item relating to section 305 the
following new item:
``Sec. 306. Early voting.''.
Subtitle I--Voting by Mail
SEC. 1621. VOTING BY MAIL.
(a) Requirements.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a),
section 1101(a), and section 1611(a), is amended--
(1) by redesignating sections 307 and 308 as sections 308 and
309; and
(2) by inserting after section 306 the following new section:
``SEC. 307. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL.
``(a) In General.--If an individual in a State is eligible to cast a
vote in an election for Federal office, the State may not impose any
additional conditions or requirements on the eligibility of the
individual to cast the vote in such election by absentee ballot by
mail, except as required under subsection (b) and except to the extent
that the State imposes a deadline for requesting the ballot and related
voting materials from the appropriate State or local election official
and for returning the ballot to the appropriate State or local election
official.
``(b) Requiring Signature Verification.--
``(1) Requirement.--A State may not accept and process an
absentee ballot submitted by any individual with respect to an
election for Federal office unless the State verifies the
identification of the individual by comparing the individual's
signature on the absentee ballot with the individual's
signature on the official list of registered voters in the
State, in accordance with such procedures as the State may
adopt (subject to the requirements of paragraph (2)).
``(2) Due process requirements.--
``(A) Notice and opportunity to cure discrepancy.--If
an individual submits an absentee ballot and the
appropriate State or local election official determines
that a discrepancy exists between the signature on such
ballot and the signature of such individual on the
official list of registered voters in the State, such
election official, prior to making a final
determination as to the validity of such ballot, shall
make a good faith effort to immediately notify such
individual by mail, telephone, and (if available)
electronic mail that--
``(i) a discrepancy exists between the
signature on such ballot and the signature of
such individual on the official list of
registered voters in the State;
``(ii) such individual may provide the
official with information to cure such
discrepancy, either in person, by telephone, or
by electronic methods; and
``(iii) if such discrepancy is not cured
prior to the expiration of the 7-day period
which begins on the date of the election, such
ballot will not be counted.
``(B) Other requirements.--An election official may
not make a determination that a discrepancy exists
between the signature on an absentee ballot and the
signature of the individual who submits the ballot on
the official list of registered voters in the State
unless--
``(i) at least 2 election officials make the
determination; and
``(ii) each official who makes the
determination has received training in
procedures used to verify signatures.
``(c) Deadline for Providing Balloting Materials.--If an individual
requests to vote by absentee ballot in an election for Federal office,
the appropriate State or local election official shall ensure that the
ballot and relating voting materials are received by the individual--
``(1) not later than 2 weeks before the date of the election;
or
``(2) in the case of a State which imposes a deadline for
requesting an absentee ballot and related voting materials
which is less than 2 weeks before the date of the election, as
expeditiously as possible.
``(d) Accessibility for Individuals With Disabilities.--Consistent
with section 305, the State shall ensure that all absentee ballots and
related voting materials in elections for Federal office are accessible
to individuals with disabilities in a manner that provides the same
opportunity for access and participation (including with privacy and
independence) as for other voters.
``(e) Uniform Deadline for Acceptance of Mailed Ballots.--If a ballot
submitted by an individual by mail with respect to an election for
Federal office in a State is postmarked on or before the date of the
election, the State may not refuse to accept or process the ballot on
the grounds that the individual did not meet a deadline for returning
the ballot to the appropriate State or local election official.
``(f) No Effect on Ballots Submitted by Absent Military and Overseas
Voters.--Nothing in this section may be construed to affect the
treatment of any ballot submitted by an individual who is entitled to
vote by absentee ballot under the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20301 et seq.).
``(g) Effective Date.--This section shall apply with respect to
elections held on or after January 1, 2020.''.
(b) Conforming Amendment Relating to Issuance of Voluntary Guidance
by Election Assistance Commission.--Section 311(b) of such Act (52
U.S.C. 21101(b)), as amended by section 1101(b) and section 1611(b), is
amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(6) in the case of the recommendations with respect to
section 307, June 30, 2020.''.
(c) Clerical Amendment.--The table of contents of such Act, as
amended by section 1031(c), section 1101(d), and section 1611(c), is
amended--
(1) by redesignating the items relating to sections 307 and
308 as relating to sections 308 and 309; and
(2) by inserting after the item relating to section 306 the
following new item:
``Sec. 307. Promoting ability of voters to vote by mail.''.
(d) Development of Biometric Verification.--
(1) Development of standards.--The National Institute of
Standards, in consultation with the Election Assistance
Commission, shall develop standards for the use of biometric
methods which could be used voluntarily in place of the
signature verification requirements of section 307(b) of the
Help America Vote Act of 2002 (as added by subsection (a)) for
purposes of verifying the identification of an individual
voting by absentee ballot in elections for Federal office.
(2) Public notice and comment.--The National Institute of
Standards shall solicit comments from the public in the
development of standards under paragraph (1).
(3) Deadline.--Not later than one year after the date of the
enactment of this Act, the National Institute of Standards
shall publish the standards developed under paragraph (1).
Subtitle J--Absent Uniformed Services Voters and Overseas Voters
SEC. 1701. PRE-ELECTION REPORTS ON AVAILABILITY AND TRANSMISSION OF
ABSENTEE BALLOTS.
Section 102(c) of the Uniformed and Overseas Citizens Absentee Voting
Act (52 U.S.C. 20302(c)) is amended to read as follows:
``(c) Reports on Availability, Transmission, and Receipt of Absentee
Ballots.--
``(1) Pre-election report on absentee ballot availability.--
Not later than 55 days before any regularly scheduled general
election for Federal office, each State shall submit a report
to the Attorney General, the Election Assistance Commission
(hereafter in this subsection referred to as the `Commission'),
and the Presidential Designee, and make that report publicly
available that same day, certifying that absentee ballots for
the election are or will be available for transmission to
absent uniformed services voters and overseas voters by not
later than 45 days before the election. The report shall be in
a form prescribed jointly by the Attorney General and the
Commission and shall require the State to certify specific
information about ballot availability from each unit of local
government which will administer the election.
``(2) Pre-election report on absentee ballot transmission.--
Not later than 43 days before any regularly scheduled general
election for Federal office, each State shall submit a report
to the Attorney General, the Commission, and the Presidential
Designee, and make that report publicly available that same
day, certifying whether all absentee ballots have been
transmitted by not later than 45 days before the election to
all qualified absent uniformed services and overseas voters
whose requests were received at least 45 days before the
election. The report shall be in a form prescribed jointly by
the Attorney General and the Commission, and shall require the
State to certify specific information about ballot
transmission, including the total numbers of ballot requests
received and ballots transmitted, from each unit of local
government which will administer the election.
``(3) Post-election report on number of absentee ballots
transmitted and received.--Not later than 90 days after the
date of each regularly scheduled general election for Federal
office, each State and unit of local government which
administered the election shall (through the State, in the case
of a unit of local government) submit a report to the Attorney
General, the Commission, and the Presidential Designee on the
combined number of absentee ballots transmitted to absent
uniformed services voters and overseas voters for the election
and the combined number of such ballots which were returned by
such voters and cast in the election, and shall make such
report available to the general public that same day.''.
SEC. 1702. ENFORCEMENT.
(a) Availability of Civil Penalties and Private Rights of Action.--
Section 105 of the Uniformed and Overseas Citizens Absentee Voting Act
(52 U.S.C. 20307) is amended to read as follows:
``SEC. 105. ENFORCEMENT.
``(a) Action by Attorney General.--
``(1) In general.--The Attorney General may bring civil
action in an appropriate district court for such declaratory or
injunctive relief as may be necessary to carry out this title.
``(2) Penalty.--In a civil action brought under paragraph
(1), if the court finds that the State violated any provision
of this title, it may, to vindicate the public interest, assess
a civil penalty against the State--
``(A) in an amount not to exceed $110,000 for each
such violation, in the case of a first violation; or
``(B) in an amount not to exceed $220,000 for each
such violation, for any subsequent violation.
``(3) Report to congress.--Not later than December 31 of each
year, the Attorney General shall submit to Congress an annual
report on any civil action brought under paragraph (1) during
the preceding year.
``(b) Private Right of Action.--A person who is aggrieved by a
State's violation of this title may bring a civil action in an
appropriate district court for such declaratory or injunctive relief as
may be necessary to carry out this title.
``(c) State as Only Necessary Defendant.--In any action brought under
this section, the only necessary party defendant is the State, and it
shall not be a defense to any such action that a local election
official or a unit of local government is not named as a defendant,
notwithstanding that a State has exercised the authority described in
section 576 of the Military and Overseas Voter Empowerment Act to
delegate to another jurisdiction in the State any duty or
responsibility which is the subject of an action brought under this
section.''.
(b) Effective Date.--The amendments made by this section shall apply
with respect to violations alleged to have occurred on or after the
date of the enactment of this Act.
SEC. 1703. REVISIONS TO 45-DAY ABSENTEE BALLOT TRANSMISSION RULE.
(a) Repeal of Waiver Authority.--
(1) In general.--Section 102 of the Uniformed and Overseas
Citizens Absentee Voting Act (52 U.S.C. 20302) is amended by
striking subsection (g).
(2) Conforming amendment.--Section 102(a)(8)(A) of such Act
(52 U.S.C. 20302(a)(8)(A)) is amended by striking ``except as
provided in subsection (g),''.
(b) Requiring Use of Express Delivery in Case of Failure to Meet
Requirement.--Section 102 of such Act (52 U.S.C. 20302), as amended by
subsection (a), is amended by inserting after subsection (f) the
following new subsection:
``(g) Requiring Use of Express Delivery in Case of Failure To
Transmit Ballots Within Deadlines.--
``(1) Transmission of ballot by express delivery.--If a State
fails to meet the requirement of subsection (a)(8)(A) to
transmit a validly requested absentee ballot to an absent
uniformed services voter or overseas voter not later than 45
days before the election (in the case in which the request is
received at least 45 days before the election)--
``(A) the State shall transmit the ballot to the
voter by express delivery; or
``(B) in the case of a voter who has designated that
absentee ballots be transmitted electronically in
accordance with subsection (f)(1), the State shall
transmit the ballot to the voter electronically.
``(2) Special rule for transmission fewer than 40 days before
the election.--If, in carrying out paragraph (1), a State
transmits an absentee ballot to an absent uniformed services
voter or overseas voter fewer than 40 days before the election,
the State shall enable the ballot to be returned by the voter
by express delivery, except that in the case of an absentee
ballot of an absent uniformed services voter for a regularly
scheduled general election for Federal office, the State may
satisfy the requirement of this paragraph by notifying the
voter of the procedures for the collection and delivery of such
ballots under section 103A.''.
(c) Clarification of Treatment of Weekends.--Section 102(a)(8)(A) of
such Act (52 U.S.C. 20302(a)(8)(A)) is amended by striking ``the
election;'' and inserting the following: ``the election (or, if the
45th day preceding the election is a weekend or legal public holiday,
not later than the most recent weekday which precedes such 45th day and
which is not a legal public holiday, but only if the request is
received by at least such most recent weekday);''.
SEC. 1704. USE OF SINGLE ABSENTEE BALLOT APPLICATION FOR SUBSEQUENT
ELECTIONS.
(a) In General.--Section 104 of the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20306) is amended to read as follows:
``SEC. 104. USE OF SINGLE APPLICATION FOR SUBSEQUENT ELECTIONS.
``(a) In General.--If a State accepts and processes an official post
card form (prescribed under section 101) submitted by an absent
uniformed services voter or overseas voter for simultaneous voter
registration and absentee ballot application (in accordance with
section 102(a)(4)) and the voter requests that the application be
considered an application for an absentee ballot for each subsequent
election for Federal office held in the State through the next
regularly scheduled general election for Federal office (including any
runoff elections which may occur as a result of the outcome of such
general election), the State shall provide an absentee ballot to the
voter for each such subsequent election.
``(b) Exception for Voters Changing Registration.--Subsection (a)
shall not apply with respect to a voter registered to vote in a State
for any election held after the voter notifies the State that the voter
no longer wishes to be registered to vote in the State or after the
State determines that the voter has registered to vote in another State
or is otherwise no longer eligible to vote in the State.
``(c) Prohibition of Refusal of Application on Grounds of Early
Submission.--A State may not refuse to accept or to process, with
respect to any election for Federal office, any otherwise valid voter
registration application or absentee ballot application (including the
postcard form prescribed under section 101) submitted by an absent
uniformed services voter or overseas voter on the grounds that the
voter submitted the application before the first date on which the
State otherwise accepts or processes such applications for that
election which are submitted by absentee voters who are not members of
the uniformed services or overseas citizens.''.
(b) Effective Date.--The amendment made by subsection (a) shall apply
with respect to voter registration and absentee ballot applications
which are submitted to a State or local election official on or after
the date of the enactment of this Act.
SEC. 1705. EFFECTIVE DATE.
The amendments made by this subtitle shall apply with respect to
elections occurring on or after January 1, 2020.
Subtitle K--Poll Worker Recruitment and Training
SEC. 1801. [RESERVED].
SEC. 1802. GRANTS TO STATES FOR POLL WORKER RECRUITMENT AND TRAINING.
(a) Grants by Election Assistance Commission.--
(1) In general.--The Election Assistance Commission
(hereafter referred to as the ``Commission'') shall make a
grant to each eligible State for recruiting and training
individuals to serve as poll workers on dates of elections for
public office.
(2) Use of commission materials.--In carrying out activities
with a grant provided under this section, the recipient of the
grant shall use the manual prepared by the Commission on
successful practices for poll worker recruiting, training and
retention as an interactive training tool, and shall develop
training programs with the participation and input of experts
in adult learning.
(b) Requirements for Eligibility.--
(1) Application.--Each State that desires to receive a
payment under this section shall submit an application for the
payment to the Commission at such time and in such manner and
containing such information as the Commission shall require.
(2) Contents of application.--Each application submitted
under paragraph (1) shall--
(A) describe the activities for which assistance
under this section is sought;
(B) provide assurances that the funds provided under
this section will be used to supplement and not
supplant other funds used to carry out the activities;
(C) provide assurances that the State will furnish
the Commission with information on the number of
individuals who served as poll workers after
recruitment and training with the funds provided under
this section; and
(D) provide such additional information and
certifications as the Commission determines to be
essential to ensure compliance with the requirements of
this section.
(c) Amount of Grant.--
(1) In general.--The amount of a grant made to a State under
this section shall be equal to the product of--
(A) the aggregate amount made available for grants to
States under this section; and
(B) the voting age population percentage for the
State.
(2) Voting age population percentage defined.--In paragraph
(1), the ``voting age population percentage'' for a State is
the quotient of--
(A) the voting age population of the State (as
determined on the basis of the most recent information
available from the Bureau of the Census); and
(B) the total voting age population of all States (as
determined on the basis of the most recent information
available from the Bureau of the Census).
(d) Reports to Congress.--
(1) Reports by recipients of grants.--Not later than 6 months
after the date on which the final grant is made under this
section, each recipient of a grant shall submit a report to the
Commission on the activities conducted with the funds provided
by the grant.
(2) Reports by commission.--Not later than 1 year after the
date on which the final grant is made under this section, the
Commission shall submit a report to Congress on the grants made
under this section and the activities carried out by recipients
with the grants, and shall include in the report such
recommendations as the Commission considers appropriate.
(e) Funding.--
(1) Continuing availability of amount appropriated.--Any
amount appropriated to carry out this section shall remain
available without fiscal year limitation until expended.
(2) Administrative expenses.--Of the amount appropriated for
any fiscal year to carry out this section, not more than 3
percent shall be available for administrative expenses of the
Commission.
SEC. 1803. STATE DEFINED.
In this subtitle, the term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the
United States Virgin Islands, and the Commonwealth of the Northern
Mariana Islands.
Subtitle L--Enhancement of Enforcement
SEC. 1811. ENHANCEMENT OF ENFORCEMENT OF HELP AMERICA VOTE ACT OF 2002.
(a) Complaints; Availability of Private Right of Action.--Section 401
of the Help America Vote Act of 2002 (52 U.S.C. 21111) is amended--
(1) by striking ``The Attorney General'' and inserting ``(a)
In General.--The Attorney General''; and
(2) by adding at the end the following new subsections:
``(b) Filing of Complaints by Aggrieved Persons.--
``(1) In general.--A person who is aggrieved by a violation
of title III which has occurred, is occurring, or is about to
occur may file a written, signed, notarized complaint with the
Attorney General describing the violation and requesting the
Attorney General to take appropriate action under this section.
The Attorney General shall immediately provide a copy of a
complaint filed under the previous sentence to the entity
responsible for administering the State-based administrative
complaint procedures described in section 402(a) for the State
involved.
``(2) Response by attorney general.--The Attorney General
shall respond to each complaint filed under paragraph (1), in
accordance with procedures established by the Attorney General
that require responses and determinations to be made within the
same (or shorter) deadlines which apply to a State under the
State-based administrative complaint procedures described in
section 402(a)(2). The Attorney General shall immediately
provide a copy of the response made under the previous sentence
to the entity responsible for administering the State-based
administrative complaint procedures described in section 402(a)
for the State involved.
``(c) Availability of Private Right of Action.--Any person who is
authorized to file a complaint under subsection (b)(1) (including any
individual who seeks to enforce the individual's right to a voter-
verified paper ballot, the right to have the voter-verified paper
ballot counted in accordance with this Act, or any other right under
title III) may file an action under section 1979 of the Revised
Statutes of the United States (42 U.S.C. 1983) to enforce the uniform
and nondiscriminatory election technology and administration
requirements under subtitle A of title III.
``(d) No Effect on State Procedures.--Nothing in this section may be
construed to affect the availability of the State-based administrative
complaint procedures required under section 402 to any person filing a
complaint under this subsection.''.
(b) Effective Date.--The amendments made by this section shall apply
with respect to violations occurring with respect to elections for
Federal office held in 2020 or any succeeding year.
Subtitle M--Federal Election Integrity
SEC. 1821. PROHIBITION ON CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION
ADMINISTRATION OFFICIALS.
(a) In General.--Title III of the Federal Election Campaign Act of
1971 (52 U.S.C. 30101 et seq.) is amended by inserting after section
319 the following new section:
``campaign activities by chief state election administration officials
``Sec. 319A. (a) Prohibition.--It shall be unlawful for a chief
State election administration official to take an active part in
political management or in a political campaign with respect to any
election for Federal office over which such official has supervisory
authority.
``(b) Chief State Election Administration Official.--The term `chief
State election administration official' means the highest State
official with responsibility for the administration of Federal
elections under State law.
``(c) Active Part in Political Management or in a Political
Campaign.--The term `active part in political management or in a
political campaign' means--
``(1) serving as a member of an authorized committee of a
candidate for Federal office;
``(2) the use of official authority or influence for the
purpose of interfering with or affecting the result of an
election for Federal office;
``(3) the solicitation, acceptance, or receipt of a
contribution from any person on behalf of a candidate for
Federal office; and
``(4) any other act which would be prohibited under paragraph
(2) or (3) of section 7323(b) of title 5, United States Code,
if taken by an individual to whom such paragraph applies (other
than any prohibition on running for public office).
``(d) Exception in Case of Recusal From Administration of Elections
Involving Official or Immediate Family Member.--
``(1) In general.--This section does not apply to a chief
State election administration official with respect to an
election for Federal office in which the official or an
immediate family member of the official is a candidate, but
only if--
``(A) such official recuses himself or herself from
all of the official's responsibilities for the
administration of such election; and
``(B) the official who assumes responsibility for
supervising the administration of the election does not
report directly to such official.
``(2) Immediate family member defined.--In paragraph (1), the
term `immediate family member' means, with respect to a
candidate, a father, mother, son, daughter, brother, sister,
husband, wife, father-in-law, or mother-in-law.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to elections for Federal office held after December
2019.
Subtitle N--Promoting Voter Access Through Election Administration
Improvements
PART 1--PROMOTING VOTER ACCESS
SEC. 1901. TREATMENT OF INSTITUTIONS OF HIGHER EDUCATION.
(a) Treatment of Certain Institutions as Voter Registration Agencies
Under National Voter Registration Act of 1993.--Section 7(a) of the
National Voter Registration Act of 1993 (52 U.S.C. 20506(a)) is
amended--
(1) in paragraph (2)--
(A) by striking ``and'' at the end of subparagraph
(A);
(B) by striking the period at the end of subparagraph
(B) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(C) each institution of higher education which has
a program participation agreement in effect with the
Secretary of Education under section 487 of the Higher
Education Act of 1965 (20 U.S.C. 1094), other than an
institution which is treated as a contributing agency
under the Automatic Voter Registration Act of 2019.'';
and
(2) in paragraph (6)(A), by inserting ``or, in the case of an
institution of higher education, with each registration of a
student for enrollment in a course of study, including
enrollment in a program of distance education, as defined in
section 103(7) of the Higher Education Act of 1965 (20 U.S.C.
1003(7)),'' after ``assistance,''.
(b) Responsibilities of Institutions Under Higher Education Act of
1965.--
(1) In general.--Section 487(a)(23) of the Higher Education
Act of 1965 (20 U.S.C. 1094(a)(23)) is amended to read as
follows:
``(23)(A)(i) The institution will ensure that an appropriate
staff person or office is designated publicly as a `Campus Vote
Coordinator' and will ensure that such person's or office's
contact information is included on the institution's website.
``(ii) Not fewer than twice during each calendar year
(beginning with 2020), the Campus Vote Coordinator shall
transmit electronically to each student enrolled in the
institution (including students enrolled in distance education
programs) a message containing the following information:
``(I) Information on the location of polling places
in the jurisdiction in which the institution is
located, together with information on available methods
of transportation to and from such polling places.
``(II) A referral to a government-affiliated website
or online platform which provides centralized voter
registration information for all States, including
access to applicable voter registration forms and
information to assist individuals who are not
registered to vote in registering to vote.
``(III) Any additional voter registration and voting
information the Coordinator considers appropriate, in
consultation with the appropriate State election
official.
``(iii) In addition to transmitting the message described in
clause (ii) not fewer than twice during each calendar year, the
Campus Vote Coordinator shall transmit the message under such
clause not fewer than 30 days prior to the deadline for
registering to vote for any election for Federal, State, or
local office in the State.
``(B) If the institution in its normal course of operations
requests each student registering for enrollment in a course of
study, including students registering for enrollment in a
program of distance education, to affirm whether or not the
student is a United States citizen, the institution will comply
with the applicable requirements for a contributing agency
under the Automatic Voter Registration Act of 2019.
``(C) If the institution is not described in subparagraph
(B), the institution will comply with the requirements for a
voter registration agency in the State in which it is located
in accordance with section 7 of the National Voter Registration
Act of 1993 (52 U.S.C. 20506).
``(D) This paragraph applies only with respect to an
institution which is located in a State to which section 4(b)
of the National Voter Registration Act of 1993 (52 U.S.C.
20503(b)) does not apply.''.
(2) Effective date.--The amendments made by this subsection
shall apply with respect to elections held on or after January
1, 2020.
(c) Grants to Institutions Demonstrating Excellence in Student Voter
Registration.--
(1) Grants authorized.--The Secretary of Education may award
competitive grants to public and private nonprofit institutions
of higher education that are subject to the requirements of
section 487(a)(23) of the Higher Education Act of 1965 (20
U.S.C. 1094(a)(23)), as amended by subsection (a) and that the
Secretary determines have demonstrated excellence in
registering students to vote in elections for public office
beyond meeting the minimum requirements of such section.
(2) Eligibility.--An institution of higher education is
eligible to receive a grant under this subsection if the
institution submits to the Secretary of Education, at such time
and in such form as the Secretary may require, an application
containing such information and assurances as the Secretary may
require to make the determination described in paragraph (1),
including information and assurances that the institution
carried out activities to promote voter registration by
students, such as the following:
(A) Sponsoring large on-campus voter mobilization
efforts.
(B) Engaging the surrounding community in nonpartisan
voter registration and get out the vote efforts.
(C) Creating a website for students with centralized
information about voter registration and election
dates.
(D) Inviting candidates to speak on campus.
(E) Offering rides to students to the polls to
increase voter education, registration, and
mobilization.
(3) Authorization of appropriations.--There are authorized to
be appropriated for fiscal year 2020 and each succeeding fiscal
year such sums as may be necessary to award grants under this
subsection.
(d) Sense of Congress Relating to Option of Students to Register in
Jurisdiction of Institution of Higher Education or Jurisdiction of
Domicile.--It is the sense of Congress that, as provided under existing
law, students who attend an institution of higher education and reside
in the jurisdiction of the institution while attending the institution
should have the option of registering to vote in elections for Federal
office in that jurisdiction or in the jurisdiction of their own
domicile.
SEC. 1902. MINIMUM NOTIFICATION REQUIREMENTS FOR VOTERS AFFECTED BY
POLLING PLACE CHANGES.
(a) Requirements.--Section 302 of the Help America Vote Act of 2002
(52 U.S.C. 21082), as amended by section 1601(a), is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Minimum Notification Requirements for Voters Affected by
Polling Place Changes.--
``(1) In general.--If a State assigns an individual who is a
registered voter in a State to a polling place with respect to
an election for Federal office which is not the same polling
place to which the individual was previously assigned with
respect to the most recent election for Federal office in the
State in which the individual was eligible to vote--
``(A) the State shall notify the individual of the
location of the polling place not later than 7 days
before the date of the election; or
``(B) if the State makes such an assignment fewer
than 7 days before the date of the election and the
individual appears on the date of the election at the
polling place to which the individual was previously
assigned, the State shall make every reasonable effort
to enable the individual to vote on the date of the
election.
``(2) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2020.''.
(b) Conforming Amendment.--Section 302(g) of such Act (52 U.S.C.
21082(g)), as redesignated by subsection (a) and as amended by section
1601(b), is amended by striking ``(d)(2) and (e)(2)'' and inserting
``(d)(2), (e)(2), and (f)(2)''.
SEC. 1903. [RESERVED].
SEC. 1904. PERMITTING USE OF SWORN WRITTEN STATEMENT TO MEET
IDENTIFICATION REQUIREMENTS FOR VOTING.
(a) Permitting Use of Statement.--Title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.) is amended by inserting after
section 303 the following new section:
``SEC. 303A. PERMITTING USE OF SWORN WRITTEN STATEMENT TO MEET
IDENTIFICATION REQUIREMENTS.
``(a) Use of Statement.--
``(1) In general.--Except as provided in subsection (c), if a
State has in effect a requirement that an individual present
identification as a condition of receiving and casting a ballot
in an election for Federal office, the State shall permit the
individual to meet the requirement--
``(A) in the case of an individual who desires to
vote in person, by presenting the appropriate State or
local election official with a sworn written statement,
signed by the individual under penalty of perjury,
attesting to the individual's identity and attesting
that the individual is eligible to vote in the
election; or
``(B) in the case of an individual who desires to
vote by mail, by submitting with the ballot the
statement described in subparagraph (A).
``(2) Development of pre-printed version of statement by
commission.--The Commission shall develop a pre-printed version
of the statement described in paragraph (1)(A) which includes a
blank space for an individual to provide a name and signature
for use by election officials in States which are subject to
paragraph (1).
``(3) Providing pre-printed copy of statement.--A State which
is subject to paragraph (1) shall--
``(A) make copies of the pre-printed version of the
statement described in paragraph (1)(A) which is
prepared by the Commission available at polling places
for election officials to distribute to individuals who
desire to vote in person; and
``(B) include a copy of such pre-printed version of
the statement with each blank absentee or other ballot
transmitted to an individual who desires to vote by
mail.
``(b) Requiring Use of Ballot in Same Manner as Individuals
Presenting Identification.--An individual who presents or submits a
sworn written statement in accordance with subsection (a)(1) shall be
permitted to cast a ballot in the election in the same manner as an
individual who presents identification.
``(c) Exception for First-time Voters Registering by Mail.--
Subsections (a) and (b) do not apply with respect to any individual
described in paragraph (1) of section 303(b) who is required to meet
the requirements of paragraph (2) of such section.''.
(b) Requiring States to Include Information on Use of Sworn Written
Statement in Voting Information Material Posted at Polling Places.--
Section 302(b)(2) of such Act (52 U.S.C. 21082(b)(2)), as amended by
section 1072(b) and section 1202(b), is amended--
(1) by striking ``and'' at the end of subparagraph (G);
(2) by striking the period at the end of subparagraph (H) and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(I) in the case of a State that has in effect a
requirement that an individual present identification
as a condition of receiving and casting a ballot in an
election for Federal office, information on how an
individual may meet such requirement by presenting a
sworn written statement in accordance with section
303A.''.
(c) Clerical Amendment.--The table of contents of such Act is amended
by inserting after the item relating to section 303 the following new
item:
``Sec. 303A. Permitting use of sworn written statement to meet
identification requirements.''.
(e) Effective Date.--The amendments made by this section shall apply
with respect to elections occurring on or after the date of the
enactment of this Act.
SEC. 1905. [RESERVED].
SEC. 1906. REIMBURSEMENT FOR COSTS INCURRED BY STATES IN ESTABLISHING
PROGRAM TO TRACK AND CONFIRM RECEIPT OF ABSENTEE
BALLOTS.
(a) Reimbursement.--Subtitle D of title II of the Help America Vote
Act of 2002 (42 U.S.C. 15401 et seq.) is amended by adding at the end
the following new part:
``PART 7--PAYMENTS TO REIMBURSE STATES FOR COSTS INCURRED IN
ESTABLISHING PROGRAM TO TRACK AND CONFIRM RECEIPT OF ABSENTEE BALLOTS
``SEC. 297. PAYMENTS TO STATES.
``(a) Payments For Costs of Establishing Program.--In accordance with
this section, the Commission shall make a payment to a State to
reimburse the State for the costs incurred in establishing, if the
State so chooses to establish, an absentee ballot tracking program with
respect to elections for Federal office held in the State (including
costs incurred prior to the date of the enactment of this part).
``(b) Absentee Ballot Tracking Program Described.--
``(1) Program described.--
``(A) In general.--In this part, an `absentee ballot
tracking program' is a program to track and confirm the
receipt of absentee ballots in an election for Federal
office under which the State or local election official
responsible for the receipt of voted absentee ballots
in the election carries out procedures to track and
confirm the receipt of such ballots, and makes
information on the receipt of such ballots available to
the individual who cast the ballot, by means of online
access using the Internet site of the official's
office.
``(B) Information on whether vote was counted.--The
information referred to under subparagraph (A) with
respect to the receipt of an absentee ballot shall
include information regarding whether the vote cast on
the ballot was counted, and, in the case of a vote
which was not counted, the reasons therefor.
``(2) Use of toll-free telephone number by officials without
internet site.--A program established by a State or local
election official whose office does not have an Internet site
may meet the description of a program under paragraph (1) if
the official has established a toll-free telephone number that
may be used by an individual who cast an absentee ballot to
obtain the information on the receipt of the voted absentee
ballot as provided under such paragraph.
``(c) Certification of Compliance and Costs.--
``(1) Certification required.--In order to receive a payment
under this section, a State shall submit to the Commission a
statement containing--
``(A) a certification that the State has established
an absentee ballot tracking program with respect to
elections for Federal office held in the State; and
``(B) a statement of the costs incurred by the State
in establishing the program.
``(2) Amount of payment.--The amount of a payment made to a
State under this section shall be equal to the costs incurred
by the State in establishing the absentee ballot tracking
program, as set forth in the statement submitted under
paragraph (1), except that such amount may not exceed the
product of--
``(A) the number of jurisdictions in the State which
are responsible for operating the program; and
``(B) $3,000.
``(3) Limit on number of payments received.--A State may not
receive more than one payment under this part.
``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization.--There are authorized to be appropriated to the
Commission for fiscal year 2020 and each succeeding fiscal year such
sums as may be necessary for payments under this part.
``(b) Continuing Availability of Funds.--Any amounts appropriated
pursuant to the authorization under this section shall remain available
until expended.''.
(b) Clerical Amendment.--The table of contents of such Act is amended
by adding at the end of the items relating to subtitle D of title II
the following:
``Part 7--Payments to Reimburse States for Costs Incurred in
Establishing Program to Track and Confirm Receipt of Absentee Ballots
``Sec. 297. Payments to States.
``Sec. 297A. Authorization of appropriations.''.
SEC. 1907. VOTER INFORMATION RESPONSE SYSTEMS AND HOTLINE.
(a) Establishment and Operation of Systems and Services.--
(1) State-based response systems.--The Attorney General shall
coordinate the establishment of a State-based response system
for responding to questions and complaints from individuals
voting or seeking to vote, or registering to vote or seeking to
register to vote, in elections for Federal office. Such system
shall provide--
(A) State-specific, same-day, and immediate
assistance to such individuals, including information
on how to register to vote, the location and hours of
operation of polling places, and how to obtain absentee
ballots; and
(B) State-specific, same-day, and immediate
assistance to individuals encountering problems with
registering to vote or voting, including individuals
encountering intimidation or deceptive practices.
(2) Hotline.--The Attorney General, in consultation with
State election officials, shall establish and operate a toll-
free telephone service, using a telephone number that is
accessible throughout the United States and that uses easily
identifiable numerals, through which individuals throughout the
United States--
(A) may connect directly to the State-based response
system described in paragraph (1) with respect to the
State involved;
(B) may obtain information on voting in elections for
Federal office, including information on how to
register to vote in such elections, the locations and
hours of operation of polling places, and how to obtain
absentee ballots; and
(C) may report information to the Attorney General on
problems encountered in registering to vote or voting,
including incidences of voter intimidation or
suppression.
(3) Collaboration with state and local election officials.--
(A) Collection of information from states.--The
Attorney General shall coordinate the collection of
information on State and local election laws and
policies, including information on the Statewide
computerized voter registration lists maintained under
title III of the Help America Vote Act of 2002, so that
individuals who contact the free telephone service
established under paragraph (2) on the date of an
election for Federal office may receive an immediate
response on that day.
(B) Forwarding questions and complaints to states.--
If an individual contacts the free telephone service
established under paragraph (2) on the date of an
election for Federal office with a question or
complaint with respect to a particular State or
jurisdiction within a State, the Attorney General shall
forward the question or complaint immediately to the
appropriate election official of the State or
jurisdiction so that the official may answer the
question or remedy the complaint on that date.
(4) Consultation requirements for development of systems and
services.--The Attorney General shall ensure that the State-
based response system under paragraph (1) and the free
telephone service under paragraph (2) are each developed in
consultation with civil rights organizations, voting rights
groups, State and local election officials, voter protection
groups, and other interested community organizations,
especially those that have experience in the operation of
similar systems and services.
(b) Use of Service by Individuals With Disabilities and Individuals
With Limited English Language Proficiency.--The Attorney General shall
design and operate the telephone service established under this section
in a manner that ensures that individuals with disabilities are fully
able to use the service, and that assistance is provided in any
language in which the State (or any jurisdiction in the State) is
required to provide election materials under section 203 of the Voting
Rights Act of 1965..
(c) Voter Hotline Task Force.--
(1) Appointment by attorney general.--The Attorney General
shall appoint individuals (in such number as the Attorney
General considers appropriate but in no event fewer than 3) to
serve on a Voter Hotline Task Force to provide ongoing analysis
and assessment of the operation of the telephone service
established under this section, and shall give special
consideration in making appointments to the Task Force to
individuals who represent civil rights organizations. At least
one member of the Task Force shall be a representative of an
organization promoting voting rights or civil rights which has
experience in the operation of similar telephone services or in
protecting the rights of individuals to vote, especially
individuals who are members of racial, ethnic, or linguistic
minorities or of communities who have been adversely affected
by efforts to suppress voting rights.
(2) Eligibility.--An individual shall be eligible to serve on
the Task Force under this subsection if the individual meets
such criteria as the Attorney General may establish, except
that an individual may not serve on the task force if the
individual has been convicted of any criminal offense relating
to voter intimidation or voter suppression.
(3) Term of service.--An individual appointed to the Task
Force shall serve a single term of 2 years, except that the
initial terms of the members first appointed to the Task Force
shall be staggered so that there are at least 3 individuals
serving on the Task Force during each year. A vacancy in the
membership of the Task Force shall be filled in the same manner
as the original appointment.
(4) No compensation for service.--Members of the Task Force
shall serve without pay, but shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title
5, United States Code.
(d) Bi-Annual Report to Congress.--Not later than March 1 of each
odd-numbered year, the Attorney General shall submit a report to
Congress on the operation of the telephone service established under
this section during the previous 2 years, and shall include in the
report--
(1) an enumeration of the number and type of calls that were
received by the service;
(2) a compilation and description of the reports made to the
service by individuals citing instances of voter intimidation
or suppression;
(3) an assessment of the effectiveness of the service in
making information available to all households in the United
States with telephone service;
(4) any recommendations developed by the Task Force
established under subsection (c) with respect to how voting
systems may be maintained or upgraded to better accommodate
voters and better ensure the integrity of elections, including
but not limited to identifying how to eliminate coordinated
voter suppression efforts and how to establish effective
mechanisms for distributing updates on changes to voting
requirements; and
(5) any recommendations on best practices for the State-based
response systems established under subsection (a)(1).
(e) Authorization of Appropriations.--
(1) Authorization.--There are authorized to be appropriated
to the Attorney General for fiscal year 2019 and each
succeeding fiscal year such sums as may be necessary to carry
out this section.
(2) Set-aside for outreach.--Of the amounts appropriated to
carry out this section for a fiscal year pursuant to the
authorization under paragraph (1), not less than 15 percent
shall be used for outreach activities to make the public aware
of the availability of the telephone service established under
this section, with an emphasis on outreach to individuals with
disabilities and individuals with limited proficiency in the
English language.
PART 2--IMPROVEMENTS IN OPERATION OF ELECTION ASSISTANCE COMMISSION
SEC. 1911. REAUTHORIZATION OF ELECTION ASSISTANCE COMMISSION.
Section 210 of the Help America Vote Act of 2002 (52 U.S.C. 20930) is
amended--
(1) by striking ``for each of the fiscal years 2003 through
2005'' and inserting ``for fiscal year 2019 and each succeeding
fiscal year''; and
(2) by striking ``(but not to exceed $10,000,000 for each
such year)''.
SEC. 1913. REQUIRING STATES TO PARTICIPATE IN POST-GENERAL ELECTION
SURVEYS.
(a) Requirement.--Title III of the Help America Vote Act of 2002 (52
U.S.C. 21081 et seq.), as amended by section 1904(a), is further
amended by inserting after section 303A the following new section:
``SEC. 303B. REQUIRING PARTICIPATION IN POST-GENERAL ELECTION SURVEYS.
``(a) Requirement.--Each State shall furnish to the Commission such
information as the Commission may request for purposes of conducting
any post-election survey of the States with respect to the
administration of a regularly scheduled general election for Federal
office.
``(b) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2020 and any succeeding election.''.
(b) Clerical Amendment.--The table of contents of such Act, as
amended by section 1904(c), is further amended by inserting after the
item relating to section 303A the following new item:
``Sec. 303B. Requiring participation in post-general election
surveys.''.
SEC. 1914. REPORTS BY NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ON
USE OF FUNDS TRANSFERRED FROM ELECTION ASSISTANCE
COMMISSION.
(a) Requiring Reports on Use Funds as Condition of Receipt.--Section
231 of the Help America Vote Act of 2002 (52 U.S.C. 20971) is amended
by adding at the end the following new subsection:
``(e) Report on Use of Funds Transferred From Commission.--To the
extent that funds are transferred from the Commission to the Director
of the National Institute of Standards and Technology for purposes of
carrying out this section during any fiscal year, the Director may not
use such funds unless the Director certifies at the time of transfer
that the Director will submit a report to the Commission not later than
90 days after the end of the fiscal year detailing how the Director
used such funds during the year.''.
(b) Effective Date.--The amendment made by subsection (a) shall apply
with respect to fiscal year 2020 and each succeeding fiscal year.
SEC. 1915. RECOMMENDATIONS TO IMPROVE OPERATIONS OF ELECTION ASSISTANCE
COMMISSION.
(a) Assessment of Information Technology and Cybersecurity.--Not
later than December 31, 2019, the Election Assistance Commission shall
carry out an assessment of the security and effectiveness of the
Commission's information technology systems, including the
cybersecurity of such systems.
(b) Improvements to Administrative Complaint Procedures.--
(1) Review of procedures.--The Election Assistance Commission
shall carry out a review of the effectiveness and efficiency of
the State-based administrative complaint procedures established
and maintained under section 402 of the Help America Vote Act
of 2002 (52 U.S.C. 21112) for the investigation and resolution
of allegations of violations of title III of such Act.
(2) Recommendations to streamline procedures.--Not later than
December 31, 2019, the Commission shall submit to Congress a
report on the review carried out under paragraph (1), and shall
include in the report such recommendations as the Commission
considers appropriate to streamline and improve the procedures
which are the subject of the review.
SEC. 1916. REPEAL OF EXEMPTION OF ELECTION ASSISTANCE COMMISSION FROM
CERTAIN GOVERNMENT CONTRACTING REQUIREMENTS.
(a) In General.--Section 205 of the Help America Vote Act of 2002 (52
U.S.C. 20925) is amended by striking subsection (e).
(b) Effective Date.--The amendment made by subsection (a) shall apply
with respect to contracts entered into by the Election Assistance
Commission on or after the date of the enactment of this Act.
PART 3--MISCELLANEOUS PROVISIONS
SEC. 1921. APPLICATION OF LAWS TO COMMONWEALTH OF NORTHERN MARIANA
ISLANDS.
(a) National Voter Registration Act of 1993.--Section 3(4) of the
National Voter Registration Act of 1993 (52 U.S.C. 20502(4)) is amended
by striking ``States and the District of Columbia'' and inserting
``States, the District of Columbia, and the Commonwealth of the
Northern Mariana Islands''.
(b) Help America Vote Act of 2002.--
(1) Coverage of commonwealth of the northern mariana
islands.--Section 901 of the Help America Vote Act of 2002 (52
U.S.C. 21141) is amended by striking ``and the United States
Virgin Islands'' and inserting ``the United States Virgin
Islands, and the Commonwealth of the Northern Mariana
Islands''.
(2) Conforming amendments to help america vote act of 2002.--
Such Act is further amended as follows:
(A) The second sentence of section 213(a)(2) (52
U.S.C. 20943(a)(2)) is amended by striking ``and
American Samoa'' and inserting ``American Samoa, and
the Commonwealth of the Northern Mariana Islands''.
(B) Section 252(c)(2) (52 U.S.C. 21002(c)(2)) is
amended by striking ``or the United States Virgin
Islands'' and inserting ``the United States Virgin
Islands, or the Commonwealth of the Northern Mariana
Islands''.
(3) Conforming amendment relating to consultation of help
america vote foundation with local election officials.--Section
90102(c) of title 36, United States Code, is amended by
striking ``and the United States Virgin Islands'' and inserting
``the United States Virgin Islands, and the Commonwealth of the
Northern Mariana Islands''.
(4) Effective date.--The amendments made by this subsection
shall apply with respect to fiscal years beginning with the
first fiscal year which begins after funds are appropriated to
the Commonwealth of the Northern Mariana Islands pursuant to
the payment under section 2.
SEC. 1922. NO EFFECT ON OTHER LAWS.
(a) In General.--Except as specifically provided, nothing in this
title may be construed to authorize or require conduct prohibited under
any of the following laws, or to supersede, restrict, or limit the
application of such laws:
(1) The Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.).
(2) The Voting Accessibility for the Elderly and Handicapped
Act (52 U.S.C. 20101 et seq.).
(3) The Uniformed and Overseas Citizens Absentee Voting Act
(52 U.S.C. 20301 et seq.).
(4) The National Voter Registration Act of 1993 (52 U.S.C.
20501 et seq.).
(5) The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
(6) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
(b) No Effect on Preclearance or Other Requirements Under Voting
Rights Act.--The approval by any person of a payment or grant
application under this title, or any other action taken by any person
under this title, shall not be considered to have any effect on
requirements for preclearance under section 5 of the Voting Rights Act
of 1965 (52 U.S.C. 10304) or any other requirements of such Act.
(c) No Effect on Authority of States to Provide Greater Opportunities
for Voting.--Nothing in this title or the amendments made by this title
may be construed to prohibit any State from enacting any law which
provides greater opportunities for individuals to register to vote and
to vote in elections for Federal office than are provided by this title
and the amendments made by this title.
Subtitle O--Severability
SEC. 1931. SEVERABILITY.
If any provision of this title or amendment made by this title, or
the application of a provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of this
title and amendments made by this title, and the application of the
provisions and amendment to any person or circumstance, shall not be
affected by the holding.
TITLE II--ELECTION INTEGRITY
Subtitle A--[Reserved]
Subtitle B--[Reserved]
Subtitle C--[Reserved]
Subtitle D--[Reserved]
Subtitle E--[Reserved]
Subtitle F--Saving Eligible Voters From Voter Purging
Sec. 2501. Short title.
Sec. 2502. Conditions for removal of voters from list of registered
voters.
Subtitle G--No Effect on Authority of States to Provide Greater
Opportunities for Voting
Sec. 2601. No effect on authority of States to provide greater
opportunities for voting.
Subtitle H--Severability
Sec. 2701. Severability.
Subtitle A--[Reserved]
Subtitle B--[Reserved]
Subtitle C--[Reserved]
Subtitle D--[Reserved]
Subtitle E--[Reserved]
Subtitle F--Saving Eligible Voters From Voter Purging
SEC. 2501. SHORT TITLE.
This subtitle may be cited as the ``Stop Automatically Voiding
Eligible Voters Off Their Enlisted Rolls in States Act'' or the ``Save
Voters Act''.
SEC. 2502. CONDITIONS FOR REMOVAL OF VOTERS FROM LIST OF REGISTERED
VOTERS.
(a) Conditions Described.--The National Voter Registration Act of
1993 (52 U.S.C. 20501 et seq.) is amended by inserting after section 8
the following new section:
``SEC. 8A. CONDITIONS FOR REMOVAL OF VOTERS FROM OFFICIAL LIST OF
REGISTERED VOTERS.
``(a) Verification on Basis of Objective and Reliable Evidence of
Ineligibility.--
``(1) Requiring verification.--Notwithstanding any other
provision of this Act, a State may not remove the name of any
registrant from the official list of voters eligible to vote in
elections for Federal office in the State unless the State
verifies, on the basis of objective and reliable evidence, that
the registrant is ineligible to vote in such elections.
``(2) Factors not considered as objective and reliable
evidence of ineligibility.--For purposes of paragraph (2), the
following factors, or any combination thereof, shall not be
treated as objective and reliable evidence of a registrant's
ineligibility to vote:
``(A) The failure of the registrant to vote in any
election.
``(B) The failure of the registrant to respond to any
notice sent under section 8(d), unless the notice has
been returned as undeliverable.
``(C) The failure of the registrant to take any other
action with respect to voting in any election or with
respect to the registrant's status as a registrant.
``(b) Notice After Removal.--
``(1) Notice to individual removed.--
``(A) In general.--Not later than 48 hours after a
State removes the name of a registrant from the
official list of eligible voters for any reason (other
than the death of the registrant), the State shall send
notice of the removal to the former registrant, and
shall include in the notice the grounds for the removal
and information how the former registrant may contest
the removal, including a telephone number for the
appropriate election official., and how to contest the
removal or be reinstated, including a contact phone
number.
``(B) Exceptions.--Subparagraph (A) does not apply in
the case of a registrant--
``(i) who sends written confirmation to the
State that the registrant is no longer eligible
to vote in the registrar's jurisdiction in
which the registrant was registered; or
``(ii) who is removed from the official list
of eligible voters by reason of the death of
the registrant.
``(2) Public notice.--Not later than 48 hours after
conducting any general program to remove the names of
ineligible voters from the official list of eligible voters (as
described in section 8(a)(4)), the State shall disseminate a
public notice through such methods as may be reasonable to
reach the general public (including by publishing the notice in
a newspaper of wide circulation or posting the notice on the
websites of the appropriate election officials) that list
maintenance is taking place and that registrants should check
their registration status to ensure no errors or mistakes have
been made. The State shall ensure that the public notice
disseminated under this paragraph is in a format that is
reasonably convenient and accessible to voters with
disabilities, including voters who have low vision or are
blind.''.
(b) Conditions for Transmission of Notices of Removal.--Section 8(d)
of such Act (52 U.S.C. 20507(d)) is amended by adding at the end the
following new paragraph:
``(4) A State may not transmit a notice to a registrant under
this subsection unless the State obtains objective and reliable
evidence (in accordance with the standards for such evidence
which are described in section 8A(a)(2)) that the registrant
has changed residence to a place outside the registrar's
jurisdiction in which the registrant is registered.''.
(c) Conforming Amendments.--
(1) National voter registration act of 1993.--Section 8(a) of
such Act (52 U.S.C. 20507(a)) is amended--
(A) in paragraph (3), by striking ``provide'' and
inserting ``subject to section 8A, provide''; and
(B) in paragraph (4), by striking ``conduct'' and
inserting ``subject to section 8A, conduct''.
(2) Help america vote act of 2002.--Section 303(a)(4)(A) of
the Help America Vote Act of 2002 (52 U.S.C. 21083(a)(4)(A)) is
amended by striking ``, registrants'' and inserting ``, and
subject to section 8A of such Act, registrants''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
Subtitle G--No Effect on Authority of States to Provide Greater
Opportunities for Voting
SEC. 2601. NO EFFECT ON AUTHORITY OF STATES TO PROVIDE GREATER
OPPORTUNITIES FOR VOTING.
Nothing in this title or the amendments made by this title may be
construed to prohibit any State from enacting any law which provides
greater opportunities for individuals to register to vote and to vote
in elections for Federal office than are provided by this title and the
amendments made by this title.
Subtitle H--Severability
SEC. 2701. SEVERABILITY.
If any provision of this title or amendment made by this title, or
the application of a provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of this
title and amendments made by this title, and the application of the
provisions and amendment to any person or circumstance, shall not be
affected by the holding.
TITLE III--ELECTION SECURITY
Sec. 3000. Short title; sense of Congress.
Subtitle A--Financial Support for Election Infrastructure
Part 1--Voting System Security Improvement Grants
Sec. 3001. Grants for obtaining compliant paper ballot voting systems
and carrying out voting system security improvements.
Sec. 3002. Coordination of voting system security activities with use
of requirements payments and election administration requirements under
Help America Vote Act of 2002.
Sec. 3003. Incorporation of definitions.
Part 2--Grants for Risk-limiting Audits of Results of Elections
Sec. 3011. Grants to States for conducting risk-limiting audits of
results of elections.
Sec. 3012. GAO analysis of effects of audits.
Part 3--[Reserved]
Subtitle B--Security Measures
Sec. 3101. Election infrastructure designation.
Sec. 3102. Timely threat information.
Sec. 3103. Security clearance assistance for election officials.
Sec. 3104. Security risk and vulnerability assessments.
Sec. 3105. Annual reports.
Subtitle C--Enhancing Protections for United States Democratic
Institutions
Sec. 3201. National strategy to protect United States democratic
institutions.
Sec. 3202. National Commission to Protect United States Democratic
Institutions.
Subtitle D--Promoting Cybersecurity Through Improvements in Election
Administration
Sec. 3301. Testing of existing voting systems to ensure compliance with
election cybersecurity guidelines and other guidelines.
Sec. 3302. Treatment of electronic poll books as part of voting
systems.
Sec. 3303. Pre-election reports on voting system usage.
Sec. 3304. Streamlining collection of election information.
Subtitle E--Preventing Election Hacking
Sec. 3401. Short title.
Sec. 3402. Election Security Bug Bounty Program.
Sec. 3403. Definitions.
Subtitle F--Miscellaneous Provisions
Sec. 3501. Definitions.
Sec. 3502. Initial report on adequacy of resources available for
implementation.
Subtitle G--Severability
Sec. 3601. Severability.
SEC. 3000. SHORT TITLE; SENSE OF CONGRESS.
(a) Short Title.--This title may be cited as the ``Election Security
Act''.
(b) Sense of Congress on Need to Improve Election Infrastructure
Security.--It is the sense of Congress that, in light of the lessons
learned from Russian interference in the 2016 Presidential election,
the Federal Government should intensify its efforts to improve the
security of election infrastructure in the United States, including
through the use of individual, durable, paper ballots marked by the
voter by hand.
Subtitle A--Financial Support for Election Infrastructure
PART 1--VOTING SYSTEM SECURITY IMPROVEMENT GRANTS
SEC. 3001. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS
AND CARRYING OUT VOTING SYSTEM SECURITY
IMPROVEMENTS.
(a) Availability of Grants.--Subtitle D of title II of the Help
America Vote Act of 2002 (52 U.S.C. 21001 et seq.), as amended by
section 1906(a), is amended by adding at the end the following new
part:
``PART 8--GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS
AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS
``SEC. 298. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS
AND CARRYING OUT VOTING SYSTEM SECURITY
IMPROVEMENTS.
``(a) Availability and Use of Grant.--The Commission shall make a
grant to each eligible State--
``(1) to replace a voting system--
``(A) which does not meet the requirements which are
first imposed on the State pursuant to the amendments
made by the Voter Confidence and Increased
Accessibility Act of 2019 with a voting system which
does meet such requirements, for use in the regularly
scheduled general elections for Federal office held in
November 2020, or
``(B) which does meet such requirements but which is
not in compliance with the most recent voluntary voting
system guidelines issued by the Commission prior to the
regularly scheduled general election for Federal office
held in November 2020 with another system which does
meet such requirements and is in compliance with such
guidelines; and
``(2) to carry out voting system security improvements
described in section 298A with respect to the regularly
scheduled general elections for Federal office held in November
2020 and each succeeding election for Federal office.
``(b) Amount of Grant.--The amount of a grant made to a State under
this section shall be such amount as the Commission determines to be
appropriate, except that such amount may not be less than the product
of $1 and the average of the number of individuals who cast votes in
any of the two most recent regularly scheduled general elections for
Federal office held in the State.
``(c) Pro Rata Reductions.--If the amount of funds appropriated for
grants under this part is insufficient to ensure that each State
receives the amount of the grant calculated under subsection (b), the
Commission shall make such pro rata reductions in such amounts as may
be necessary to ensure that the entire amount appropriated under this
part is distributed to the States.
``(d) Ability of Replacement Systems to Administer Ranked Choice
Elections.--To the greatest extent practicable, an eligible State which
receives a grant to replace a voting system under this section shall
ensure that the replacement system is capable of administering a system
of ranked choice voting under which each voter shall rank the
candidates for the office in the order of the voter's preference.
``SEC. 298A. VOTING SYSTEM SECURITY IMPROVEMENTS DESCRIBED.
``(a) Permitted Uses.--A voting system security improvement described
in this section is any of the following:
``(1) The acquisition of goods and services from qualified
election infrastructure vendors by purchase, lease, or such
other arrangements as may be appropriate.
``(2) Cyber and risk mitigation training.
``(3) A security risk and vulnerability assessment of the
State's election infrastructure which is carried out by a
provider of cybersecurity services under a contract entered
into between the chief State election official and the
provider.
``(4) The maintenance of election infrastructure, including
addressing risks and vulnerabilities which are identified under
either of the security risk and vulnerability assessments
described in paragraph (3), except that none of the funds
provided under this part may be used to renovate or replace a
building or facility which is used primarily for purposes other
than the administration of elections for public office.
``(5) Providing increased technical support for any
information technology infrastructure that the chief State
election official deems to be part of the State's election
infrastructure or designates as critical to the operation of
the State's election infrastructure.
``(6) Enhancing the cybersecurity and operations of the
information technology infrastructure described in paragraph
(4).
``(7) Enhancing the cybersecurity of voter registration
systems.
``(b) Qualified Election Infrastructure Vendors Described.--
``(1) In general.--For purposes of this part, a `qualified
election infrastructure vendor' is any person who provides,
supports, or maintains, or who seeks to provide, support, or
maintain, election infrastructure on behalf of a State, unit of
local government, or election agency (as defined in section
3501 of the Election Security Act) who meets the criteria
described in paragraph (2).
``(2) Criteria.--The criteria described in this paragraph are
such criteria as the Chairman, in coordination with the
Secretary of Homeland Security, shall establish and publish,
and shall include each of the following requirements:
``(A) The vendor must be owned and controlled by a
citizen or permanent resident of the United States.
``(B) The vendor must disclose to the Chairman and
the Secretary, and to the chief State election official
of any State to which the vendor provides any goods and
services with funds provided under this part, of any
sourcing outside the United States for parts of the
election infrastructure.
``(C) The vendor agrees to ensure that the election
infrastructure will be developed and maintained in a
manner that is consistent with the cybersecurity best
practices issued by the Technical Guidelines
Development Committee.
``(D) The vendor agrees to maintain its information
technology infrastructure in a manner that is
consistent with the cybersecurity best practices issued
by the Technical Guidelines Development Committee.
``(E) The vendor agrees to meet the requirements of
paragraph (3) with respect to any known or suspected
cybersecurity incidents involving any of the goods and
services provided by the vendor pursuant to a grant
under this part.
``(F) The vendor agrees to permit independent
security testing by the Commission (in accordance with
section 231(a)) and by the Secretary of the goods and
services provided by the vendor pursuant to a grant
under this part.
``(3) Cybersecurity incident reporting requirements.--
``(A) In general.--A vendor meets the requirements of
this paragraph if, upon becoming aware of the
possibility that an election cybersecurity incident has
occurred involving any of the goods and services
provided by the vendor pursuant to a grant under this
part--
``(i) the vendor promptly assesses whether or
not such an incident occurred, and submits a
notification meeting the requirements of
subparagraph (B) to the Secretary and the
Chairman of the assessment as soon as
practicable (but in no case later than 3 days
after the vendor first becomes aware of the
possibility that the incident occurred);
``(ii) if the incident involves goods or
services provided to an election agency, the
vendor submits a notification meeting the
requirements of subparagraph (B) to the agency
as soon as practicable (but in no case later
than 3 days after the vendor first becomes
aware of the possibility that the incident
occurred), and cooperates with the agency in
providing any other necessary notifications
relating to the incident; and
``(iii) the vendor provides all necessary
updates to any notification submitted under
clause (i) or clause (ii).
``(B) Contents of notifications.--Each notification
submitted under clause (i) or clause (ii) of
subparagraph (A) shall contain the following
information with respect to any election cybersecurity
incident covered by the notification:
``(i) The date, time, and time zone when the
election cybersecurity incident began, if
known.
``(ii) The date, time, and time zone when the
election cybersecurity incident was detected.
``(iii) The date, time, and duration of the
election cybersecurity incident.
``(iv) The circumstances of the election
cybersecurity incident, including the specific
election infrastructure systems believed to
have been accessed and information acquired, if
any.
``(v) Any planned and implemented technical
measures to respond to and recover from the
incident.
``(vi) In the case of any notification which
is an update to a prior notification, any
additional material information relating to the
incident, including technical data, as it
becomes available.
``SEC. 298B. ELIGIBILITY OF STATES.
``A State is eligible to receive a grant under this part if the State
submits to the Commission, at such time and in such form as the
Commission may require, an application containing--
``(1) a description of how the State will use the grant to
carry out the activities authorized under this part;
``(2) a certification and assurance that, not later than 5
years after receiving the grant, the State will carry out risk-
limiting audits and will carry out voting system security
improvements, as described in section 298A; and
``(3) such other information and assurances as the Commission
may require.
``SEC. 298C. REPORTS TO CONGRESS.
``Not later than 90 days after the end of each fiscal year, the
Commission shall submit a report to the appropriate congressional
committees, including the Committees on Homeland Security, House
Administration, and the Judiciary of the House of Representatives and
the Committees on Homeland Security and Governmental Affairs, the
Judiciary, and Rules and Administration of the Senate, on the
activities carried out with the funds provided under this part.
``SEC. 298D. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization.--There are authorized to be appropriated for
grants under this part--
``(1) $1,000,000,000 for fiscal year 2019; and
``(2) $175,000,000 for each of the fiscal years 2020, 2022,
2024, and 2026.
``(b) Continuing Availability of Amounts.--Any amounts appropriated
pursuant to the authorization of this section shall remain available
until expended.''.
(b) Clerical Amendment.--The table of contents of such Act, as
amended by section 1906(b), is amended by adding at the end of the
items relating to subtitle D of title II the following:
``Part 8--Grants for Obtaining Compliant Paper Ballot Voting Systems
and Carrying Out Voting System Improvements
``Sec. 298. Grants for obtaining compliant paper ballot voting
systems and carrying out voting system security
improvements.
``Sec. 298A. Voting system security improvements described.
``Sec. 298B. Eligibility of States.
``Sec. 298C. Reports to Congress.
``Sec. 298D. Authorization of appropriations.
SEC. 3002. COORDINATION OF VOTING SYSTEM SECURITY ACTIVITIES WITH USE
OF REQUIREMENTS PAYMENTS AND ELECTION
ADMINISTRATION REQUIREMENTS UNDER HELP AMERICA VOTE
ACT OF 2002.
(a) Duties of Election Assistance Commission.--Section 202 of the
Help America Vote Act of 2002 (52 U.S.C. 20922) is amended in the
matter preceding paragraph (1) by striking ``by'' and inserting ``and
the security of election infrastructure by''.
(b) Membership of Secretary of Homeland Security on Board of Advisors
of Election Assistance Commission.--Section 214(a) of such Act (52
U.S.C. 20944(a)) is amended--
(1) by striking ``37 members'' and inserting ``38 members'';
and
(2) by adding at the end the following new paragraph:
``(17) The Secretary of Homeland Security or the Secretary's
designee.''.
(c) Representative of Department of Homeland Security on Technical
Guidelines Development Committee.--Section 221(c)(1) of such Act (52
U.S.C. 20961(c)(1)) is amended--
(1) by redesignating subparagraph (E) as subparagraph (F);
and
(2) by inserting after subparagraph (D) the following new
subparagraph:
``(E) A representative of the Department of Homeland
Security.''.
(d) Goals of Periodic Studies of Election Administration Issues;
Consultation With Secretary of Homeland Security.--Section 241(a) of
such Act (52 U.S.C. 20981(a)) is amended--
(1) in the matter preceding paragraph (1), by striking ``the
Commission shall'' and inserting ``the Commission, in
consultation with the Secretary of Homeland Security (as
appropriate), shall'';
(2) by striking ``and'' at the end of paragraph (3);
(3) by redesignating paragraph (4) as paragraph (5); and
(4) by inserting after paragraph (3) the following new
paragraph:
``(4) will be secure against attempts to undermine the
integrity of election systems by cyber or other means; and''.
(e) Requirements Payments.--
(1) Use of payments for voting system security
improvements.--Section 251(b) of such Act (52 U.S.C. 21001(b)),
as amended by section 1061(a)(2), is further amended by adding
at the end the following new paragraph:
``(5) Permitting use of payments for voting system security
improvements.--A State may use a requirements payment to carry
out any of the following activities:
``(A) Cyber and risk mitigation training.
``(B) Providing increased technical support for any
information technology infrastructure that the chief
State election official deems to be part of the State's
election infrastructure or designates as critical to
the operation of the State's election infrastructure.
``(C) Enhancing the cybersecurity and operations of
the information technology infrastructure described in
subparagraph (B).
``(D) Enhancing the security of voter registration
databases.''.
(2) Incorporation of election infrastructure protection in
state plans for use of payments.--Section 254(a)(1) of such Act
(52 U.S.C. 21004(a)(1)) is amended by striking the period at
the end and inserting ``, including the protection of election
infrastructure.''.
(3) Composition of committee responsible for developing state
plan for use of payments.--Section 255 of such Act (52 U.S.C.
21005) is amended--
(A) by redesignating subsection (b) as subsection
(c); and
(B) by inserting after subsection (a) the following
new subsection:
``(b) Geographic Representation.--The members of the committee shall
be a representative group of individuals from the State's counties,
cities, towns, and Indian tribes, and shall represent the needs of
rural as well as urban areas of the State, as the case may be.''.
(f) Ensuring Protection of Computerized Statewide Voter Registration
List.--Section 303(a)(3) of such Act (52 U.S.C. 21083(a)(3)) is amended
by striking the period at the end and inserting ``, as well as other
measures to prevent and deter cybersecurity incidents, as identified by
the Commission, the Secretary of Homeland Security, and the Technical
Guidelines Development Committee.''.
SEC. 3003. INCORPORATION OF DEFINITIONS.
(a) In General.--Section 901 of the Help America Vote Act of 2002 (52
U.S.C. 21141) is amended to read as follows:
``SEC. 901. DEFINITIONS.
``In this Act, the following definitions apply:
``(1) The term `cybersecurity incident' has the meaning given
the term `incident' in section 227 of the Homeland Security Act
of 2002 (6 U.S.C. 148).
``(2) The term `election infrastructure' has the meaning
given such term in section 3501 of the Election Security Act.
``(3) The term `State' means each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.''.
(b) Clerical Amendment.--The table of contents of such Act is amended
by amending the item relating to section 901 to read as follows:
``Sec. 901. Definitions.''.
PART 2--GRANTS FOR RISK-LIMITING AUDITS OF RESULTS OF ELECTIONS
SEC. 3011. GRANTS TO STATES FOR CONDUCTING RISK-LIMITING AUDITS OF
RESULTS OF ELECTIONS.
(a) Availability of Grants.--Subtitle D of title II of the Help
America Vote Act of 2002 (52 U.S.C. 21001 et seq.), as amended by
sections 1906(a) and 3001(a), is amended by adding at the end the
following new part:
``PART 9--GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF RESULTS OF
ELECTIONS
``SEC. 299. GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF RESULTS OF
ELECTIONS.
``(a) Availability of Grants.--The Commission shall make a grant to
each eligible State to conduct risk-limiting audits as described in
subsection (b) with respect to the regularly scheduled general
elections for Federal office held in November 2020 and each succeeding
election for Federal office.
``(b) Risk-limiting Audits Described.--In this part, a `risk-limiting
audit' is a post-election process--
``(1) which is conducted in accordance with rules and
procedures established by the chief State election official of
the State which meet the requirements of subsection (c); and
``(2) under which, if the reported outcome of the election is
incorrect, there is at least a predetermined percentage chance
that the audit will replace the incorrect outcome with the
correct outcome as determined by a full, hand-to-eye tabulation
of all votes validly cast in that election that ascertains
voter intent manually and directly from voter-verifiable paper
records.
``(c) Requirements for Rules and Procedures.--The rules and
procedures established for conducting a risk-limiting audit shall
include the following elements:
``(1) Rules for ensuring the security of ballots and
documenting that prescribed procedures were followed.
``(2) Rules and procedures for ensuring the accuracy of
ballot manifests produced by election agencies.
``(3) Rules and procedures for governing the format of ballot
manifests, cast vote records, and other data involved in the
audit.
``(4) Methods to ensure that any cast vote records used in
the audit are those used by the voting system to tally the
election results sent to the chief State election official and
made public.
``(5) Procedures for the random selection of ballots to be
inspected manually during each audit.
``(6) Rules for the calculations and other methods to be used
in the audit and to determine whether and when the audit of an
election is complete.
``(7) Procedures and requirements for testing any software
used to conduct risk-limiting audits.
``(d) Definitions.--In this part, the following definitions apply:
``(1) The term `ballot manifest' means a record maintained by
each election agency that meets each of the following
requirements:
``(A) The record is created without reliance on any
part of the voting system used to tabulate votes.
``(B) The record functions as a sampling frame for
conducting a risk-limiting audit.
``(C) The record contains the following information
with respect to the ballots cast and counted in the
election:
``(i) The total number of ballots cast and
counted by the agency (including undervotes,
overvotes, and other invalid votes).
``(ii) The total number of ballots cast in
each election administered by the agency
(including undervotes, overvotes, and other
invalid votes).
``(iii) A precise description of the manner
in which the ballots are physically stored,
including the total number of physical groups
of ballots, the numbering system for each
group, a unique label for each group, and the
number of ballots in each such group.
``(2) The term `incorrect outcome' means an outcome that
differs from the outcome that would be determined by a full
tabulation of all votes validly cast in the election,
determining voter intent manually, directly from voter-
verifiable paper records.
``(3) The term `outcome' means the winner of an election,
whether a candidate or a position.
``(4) The term `reported outcome' means the outcome of an
election which is determined according to the canvass and which
will become the official, certified outcome unless it is
revised by an audit, recount, or other legal process.
``SEC. 299A. ELIGIBILITY OF STATES.
``A State is eligible to receive a grant under this part if the State
submits to the Commission, at such time and in such form as the
Commission may require, an application containing--
``(1) a certification that, not later than 5 years after
receiving the grant, the State will conduct risk-limiting
audits of the results of elections for Federal office held in
the State as described in section 299;
``(2) a certification that, not later than one year after the
date of the enactment of this section, the chief State election
official of the State has established or will establish the
rules and procedures for conducting the audits which meet the
requirements of section 299(c);
``(3) a certification that the audit shall be completed not
later than the date on which the State certifies the results of
the election;
``(4) a certification that, after completing the audit, the
State shall publish a report on the results of the audit,
together with such information as necessary to confirm that the
audit was conducted properly;
``(5) a certification that, if a risk-limiting audit
conducted under this part leads to a full manual tally of an
election, State law requires that the State or election agency
shall use the results of the full manual tally as the official
results of the election; and
``(6) such other information and assurances as the Commission
may require.
``SEC. 299B. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for grants under this part
$20,000,000 for fiscal year 2019, to remain available until
expended.''.
(b) Clerical Amendment.--The table of contents of such Act, as
amended by sections 1906(b) and 3001(b), is further amended by adding
at the end of the items relating to subtitle D of title II the
following:
``Part 9--Grants for Conducting Risk-Limiting Audits of Results of
Elections
``Sec. 299. Grants for conducting risk-limiting audits of
results of elections.
``Sec. 299A. Eligibility of States.
``Sec. 299B. Authorization of appropriations.
SEC. 3012. GAO ANALYSIS OF EFFECTS OF AUDITS.
(a) Analysis.--Not later than 6 months after the first election for
Federal office is held after grants are first awarded to States for
conducting risk-limiting under part 9 of subtitle D of title II of the
Help America Vote Act of 2002 (as added by section 3011) for conducting
risk-limiting audits of elections for Federal office, the Comptroller
General of the United States shall conduct an analysis of the extent to
which such audits have improved the administration of such elections
and the security of election infrastructure in the States receiving
such grants.
(b) Report.--The Comptroller General of the United States shall
submit a report on the analysis conducted under subsection (a) to the
appropriate congressional committees.
PART 3--[RESERVED]
Subtitle B--Security Measures
SEC. 3101. ELECTION INFRASTRUCTURE DESIGNATION.
Subparagraph (J) of section 2001(3) of the Homeland Security Act of
2002 (6 U.S.C. 601(3)) is amended by inserting ``, including election
infrastructure'' before the period at the end.
SEC. 3102. TIMELY THREAT INFORMATION.
Subsection (d) of section 201 of the Homeland Security Act of 2002 (6
U.S.C. 121) is amended by adding at the end the following new
paragraph:
``(24) To provide timely threat information regarding
election infrastructure to the chief State election official of
the State with respect to which such information pertains.''.
SEC. 3103. SECURITY CLEARANCE ASSISTANCE FOR ELECTION OFFICIALS.
In order to promote the timely sharing of information on threats to
election infrastructure, the Secretary may--
(1) help expedite a security clearance for the chief State
election official and other appropriate State personnel
involved in the administration of elections, as designated by
the chief State election official;
(2) sponsor a security clearance for the chief State election
official and other appropriate State personnel involved in the
administration of elections, as designated by the chief State
election official; and
(3) facilitate the issuance of a temporary clearance to the
chief State election official and other appropriate State
personnel involved in the administration of elections, as
designated by the chief State election official, if the
Secretary determines classified information to be timely and
relevant to the election infrastructure of the State at issue.
SEC. 3104. SECURITY RISK AND VULNERABILITY ASSESSMENTS.
(a) In General.--Paragraph (6) of section 2209(c) of the Homeland
Security Act of 2002 (6 U.S.C. 659(c)) is amended by inserting
``(including by carrying out a security risk and vulnerability
assessment)'' after ``risk management support''.
(b) Prioritization to Enhance Election Security.--
(1) In general.--Not later than 90 days after receiving a
written request from a chief State election official, the
Secretary shall, to the extent practicable, commence a security
risk and vulnerability assessment (pursuant to paragraph (6) of
section 227(c) of the Homeland Security Act of 2002, as amended
by subsection (a)) on election infrastructure in the State at
issue.
(2) Notification.--If the Secretary, upon receipt of a
request described in paragraph (1), determines that a security
risk and vulnerability assessment cannot be commenced within 90
days, the Secretary shall expeditiously notify the chief State
election official who submitted such request.
SEC. 3105. ANNUAL REPORTS.
(a) Reports on Assistance and Assessments.--Not later than one year
after the date of the enactment of this Act and annually thereafter
through 2026, the Secretary shall submit to the appropriate
congressional committees--
(1) efforts to carry out section 203 during the prior year,
including specific information on which States were helped, how
many officials have been helped in each State, how many
security clearances have been sponsored in each State, and how
many temporary clearances have been issued in each State; and
(2) efforts to carry out section 205 during the prior year,
including specific information on which States were helped, the
dates on which the Secretary received a request for a security
risk and vulnerability assessment pursuant to such section, the
dates on which the Secretary commenced each such request, and
the dates on which the Secretary transmitted a notification in
accordance with subsection (b)(2) of such section.
(b) Reports on Foreign Threats.--Not later than 90 days after the end
of each fiscal year (beginning with fiscal year 2019), the Secretary
and the Director of National Intelligence, in coordination with the
heads of appropriate offices of the Federal government, shall submit a
joint report to the appropriate congressional committees on foreign
threats to elections in the United States, including physical and
cybersecurity threats.
(c) Information From States.--For purposes of preparing the reports
required under this section, the Secretary shall solicit and consider
information and comments from States and election agencies, except that
the provision of such information and comments by a State or election
agency shall be voluntary and at the discretion of the State or agency.
Subtitle C--Enhancing Protections for United States Democratic
Institutions
SEC. 3201. NATIONAL STRATEGY TO PROTECT UNITED STATES DEMOCRATIC
INSTITUTIONS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the President, acting through the Secretary, in
consultation with the Chairman, the Secretary of Defense, the Secretary
of State, the Attorney General, the Secretary of Education, the
Director of National Intelligence, the Chairman of the Federal Election
Commission, and the heads of any other appropriate Federal agencies,
shall issue a national strategy to protect against cyber attacks,
influence operations, disinformation campaigns, and other activities
that could undermine the security and integrity of United States
democratic institutions.
(b) Considerations.--The national strategy required under subsection
(a) shall include consideration of the following:
(1) The threat of a foreign state actor, foreign terrorist
organization (as designated pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189)), or a domestic
actor carrying out a cyber attack, influence operation,
disinformation campaign, or other activity aimed at undermining
the security and integrity of United States democratic
institutions.
(2) The extent to which United States democratic institutions
are vulnerable to a cyber attack, influence operation,
disinformation campaign, or other activity aimed at undermining
the security and integrity of such democratic institutions.
(3) Potential consequences, such as an erosion of public
trust or an undermining of the rule of law, that could result
from a successful cyber attack, influence operation,
disinformation campaign, or other activity aimed at undermining
the security and integrity of United States democratic
institutions.
(4) Lessons learned from other Western governments the
institutions of which were subject to a cyber attack, influence
operation, disinformation campaign, or other activity aimed at
undermining the security and integrity of such institutions, as
well as actions that could be taken by the United States
Government to bolster collaboration with foreign partners to
detect, deter, prevent, and counter such activities.
(5) Potential impacts such as an erosion of public trust in
democratic institutions as could be associated with a
successful cyber breach or other activity negatively-affecting
election infrastructure.
(6) Roles and responsibilities of the Secretary, the
Chairman, and the heads of other Federal entities and non-
Federal entities, including chief State election officials and
representatives of multi-state information sharing and analysis
center.
(7) Any findings, conclusions, and recommendations to
strengthen protections for United States democratic
institutions that have been agreed to by a majority of
Commission members on the National Commission to Protect United
States Democratic Institutions, authorized pursuant to section
32002.
(c) Implementation Plan.--Not later than 90 days after the issuance
of the national strategy required under subsection (a), the President,
acting through the Secretary, in coordination with the Chairman, shall
issue an implementation plan for Federal efforts to implement such
strategy that includes the following:
(1) Strategic objectives and corresponding tasks.
(2) Projected timelines and costs for the tasks referred to
in paragraph (1).
(3) Metrics to evaluate performance of such tasks.
(d) Classification.--The national strategy required under subsection
(a) shall be in unclassified form but may contain a classified annex.
SEC. 3202. NATIONAL COMMISSION TO PROTECT UNITED STATES DEMOCRATIC
INSTITUTIONS.
(a) Establishment.--There is established within the legislative
branch the National Commission to Protect United States Democratic
Institutions (hereafter in this section referred to as the
``Commission'').
(b) Purpose.--The purpose of the Commission is to counter efforts to
undermine democratic institutions within the United States.
(c) Composition.--
(1) Membership.--The Commission shall be composed of 10
members appointed for the life of the Commission as follows:
(A) One member shall be appointed by the Secretary.
(B) One member shall be appointed by the Chairman.
(C) 2 members shall be appointed by the majority
leader of the Senate, in consultation with the Chairman
of the Committee on Homeland Security and Governmental
Affairs, the Chairman of the Committee on the
Judiciary, and the Chairman of the Committee on Rules
and Administration.
(D) 2 members shall be appointed by the minority
leader of the Senate, in consultation with the ranking
minority member of the Committee on Homeland Security
and Governmental Affairs, the ranking minority member
of the Committee on the Judiciary, and the ranking
minority member of the Committee on Rules and
Administration.
(E) 2 members shall be appointed by the Speaker of
the House of Representatives, in consultation with the
Chairman of the Committee on Homeland Security, the
Chairman of the Committee on House Administration, and
the Chairman of the Committee on the Judiciary.
(F) 2 members shall be appointed by the minority
leader of the House of Representatives, in consultation
with the ranking minority member of the Committee on
Homeland Security, the ranking minority member of the
Committee on the Judiciary, and the ranking minority
member of the Committee on House Administration.
(2) Qualifications.--Individuals shall be selected for
appointment to the Commission solely on the basis of their
professional qualifications, achievements, public stature,
experience, and expertise in relevant fields, including, but
not limited to cybersecurity, national security, and the
Constitution of the United States.
(3) No compensation for service.--Members shall not receive
compensation for service on the Commission, but shall receive
travel expenses, including per diem in lieu of subsistence, in
accordance with chapter 57 of title 5, United States Code.
(4) Deadline for appointment.--All members of the Commission
shall be appointed no later than 60 days after the date of the
enactment of this Act.
(5) Vacancies.--A vacancy on the Commission shall not affect
its powers and shall be filled in the manner in which the
original appointment was made. The appointment of the
replacement member shall be made not later than 60 days after
the date on which the vacancy occurs.
(d) Chair and Vice Chair.--The Commission shall elect a Chair and
Vice Chair from among its members.
(e) Quorum and Meetings.--
(1) Quorum.--The Commission shall meet and begin the
operations of the Commission not later than 30 days after the
date on which all members have been appointed or, if such
meeting cannot be mutually agreed upon, on a date designated by
the Speaker of the House of Representatives and the President
pro Tempore of the Senate. Each subsequent meeting shall occur
upon the call of the Chair or a majority of its members. A
majority of the members of the Commission shall constitute a
quorum, but a lesser number may hold meetings.
(2) Authority of individuals to act for commission.--Any
member of the Commission may, if authorized by the Commission,
take any action that the Commission is authorized to take under
this section.
(f) Powers.--
(1) Hearings and evidence.--The Commission (or, on the
authority of the Commission, any subcommittee or member
thereof) may, for the purpose of carrying out this section,
hold hearings and sit and act at such times and places, take
such testimony, receive such evidence, and administer such
oaths as the Commission considers advisable to carry out its
duties.
(2) Contracting.--The Commission may, to such extent and in
such amounts as are provided in appropriation Acts, enter into
contracts to enable the Commission to discharge its duties
under this section.
(g) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
for the performance of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance provided under paragraph (1), the Department of
Homeland Security, the Election Assistance Commission, and
other appropriate departments and agencies of the United States
shall provide to the Commission such services, funds,
facilities, and staff as they may determine advisable and as
may be authorized by law.
(h) Public Meetings.--Any public meetings of the Commission shall be
conducted in a manner consistent with the protection of information
provided to or developed for or by the Commission as required by any
applicable statute, regulation, or Executive order.
(i) Security Clearances.--
(1) In general.--The heads of appropriate departments and
agencies of the executive branch shall cooperate with the
Commission to expeditiously provide Commission members and
staff with appropriate security clearances to the extent
possible under applicable procedures and requirements.
(2) Preferences.--In appointing staff, obtaining detailees,
and entering into contracts for the provision of services for
the Commission, the Commission shall give preference to
individuals otherwise who have active security clearances.
(j) Reports.--
(1) Interim reports.--At any time prior to the submission of
the final report under paragraph (2), the Commission may submit
interim reports to the President and Congress such findings,
conclusions, and recommendations to strengthen protections for
democratic institutions in the United States as have been
agreed to by a majority of the members of the Commission.
(2) Final report.--Not later than 18 months after the date of
the first meeting of the Commission, the Commission shall
submit to the President and Congress a final report containing
such findings, conclusions, and recommendations to strengthen
protections for democratic institutions in the United States as
have been agreed to by a majority of the members of the
Commission.
(k) Termination.--
(1) In general.--The Commission shall terminate upon the
expiration of the 60-day period which begins on the date on
which the Commission submits the final report required under
subsection (j)(2).
(2) Administrative activities prior to termination.--During
the 60-day period described in paragraph (2), the Commission
may carry out such administrative activities as may be required
to conclude its work, including providing testimony to
committees of Congress concerning the final report and
disseminating the final report.
Subtitle D--Promoting Cybersecurity Through Improvements in Election
Administration
SEC. 3301. TESTING OF EXISTING VOTING SYSTEMS TO ENSURE COMPLIANCE WITH
ELECTION CYBERSECURITY GUIDELINES AND OTHER
GUIDELINES.
(a) Requiring Testing of Existing Voting Systems.--
(1) In general.--Section 231(a) of the Help America Vote Act
of 2002 (52 U.S.C. 20971(a)) is amended by adding at the end
the following new paragraph:
``(3) Testing to ensure compliance with guidelines.--
``(A) Testing.--Not later than 9 months before the
date of each regularly scheduled general election for
Federal office, the Commission shall provide for the
testing by accredited laboratories under this section
of the voting system hardware and software which was
certified for use in the most recent such election, on
the basis of the most recent voting system guidelines
applicable to such hardware or software (including
election cybersecurity guidelines) issued under this
Act.
``(B) Decertification of hardware or software failing
to meet guidelines.--If, on the basis of the testing
described in subparagraph (A), the Commission
determines that any voting system hardware or software
does not meet the most recent guidelines applicable to
such hardware or software issued under this Act, the
Commission shall decertify such hardware or
software.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to the regularly scheduled general
election for Federal office held in November 2020 and each
succeeding regularly scheduled general election for Federal
office.
(b) Issuance of Cybersecurity Guidelines by Technical Guidelines
Development Committee.--Section 221(b) of the Help America Vote Act of
2002 (52 U.S.C. 20961(b)) is amended by adding at the end the following
new paragraph:
``(3) Election cybersecurity guidelines.--Not later than 6
months after the date of the enactment of this paragraph, the
Development Committee shall issue election cybersecurity
guidelines, including standards and best practices for
procuring, maintaining, testing, operating, and updating
election systems to prevent and deter cybersecurity
incidents.''.
SEC. 3302. TREATMENT OF ELECTRONIC POLL BOOKS AS PART OF VOTING
SYSTEMS.
(a) Inclusion in Definition of Voting System.--Section 301(b) of the
Help America Vote Act of 2002 (52 U.S.C. 21081(b)) is amended--
(1) in the matter preceding paragraph (1), by striking ``this
section'' and inserting ``this Act'';
(2) by striking ``and'' at the end of paragraph (1);
(3) by redesignating paragraph (2) as paragraph (3); and
(4) by inserting after paragraph (1) the following new
paragraph:
``(2) any electronic poll book used with respect to the
election; and''.
(b) Definition.--Section 301 of such Act (52 U.S.C. 21081) is
amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Electronic Poll Book Defined.--In this Act, the term
`electronic poll book' means the total combination of mechanical,
electromechanical, or electronic equipment (including the software,
firmware, and documentation required to program, control, and support
the equipment) that is used--
``(1) to retain the list of registered voters at a polling
location, or vote center, or other location at which voters
cast votes in an election for Federal office; and
``(2) to identify registered voters who are eligible to vote
in an election.''.
(c) Effective Date.--Section 301(e) of such Act (52 U.S.C. 21081(e)),
as redesignated by subsection (b), is amended by striking the period at
the end and inserting the following: ``, or, with respect to any
requirements relating to electronic poll books, on and after January 1,
2020.''.
SEC. 3303. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE.
(a) Requiring States to Submit Reports.--Title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by
inserting after section 301 the following new section:
``SEC. 301A. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE.
``(a) Requiring States to Submit Reports.--Not later than 120 days
before the date of each regularly scheduled general election for
Federal office, the chief State election official of a State shall
submit a report to the Commission containing a detailed voting system
usage plan for each jurisdiction in the State which will administer the
election, including a detailed plan for the usage of electronic poll
books and other equipment and components of such system.
``(b) Effective Date.--Subsection (a) shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2020 and each succeeding regularly scheduled general election
for Federal office.''.
(b) Clerical Amendment.--The table of contents of such Act is amended
by inserting after the item relating to section 301 the following new
item:
``Sec. 301A. Pre-election reports on voting system usage.''.
SEC. 3304. STREAMLINING COLLECTION OF ELECTION INFORMATION.
Section 202 of the Help America Vote Act of 2002 (52 U.S.C. 20922) is
amended--
(1) by striking ``The Commission'' and inserting ``(a) In
General.--The Commission''; and
(2) by adding at the end the following new subsection:
``(b) Waiver of Certain Requirements.--Subchapter I of chapter 35 of
title 44, United States Code, shall not apply to the collection of
information for purposes of maintaining the clearinghouse described in
paragraph (1) of subsection (a).''.
Subtitle E--Preventing Election Hacking
SEC. 3401. SHORT TITLE.
This subtitle may be cited as the ``Prevent Election Hacking Act of
2019''.
SEC. 3402. ELECTION SECURITY BUG BOUNTY PROGRAM.
(a) Establishment.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall establish a program to be
known as the ``Election Security Bug Bounty Program'' (hereafter in
this subtitle referred to as the ``Program'') to improve the
cybersecurity of the systems used to administer elections for Federal
office by facilitating and encouraging assessments by independent
technical experts, in cooperation with State and local election
officials and election service providers, to identify and report
election cybersecurity vulnerabilities.
(b) Voluntary Participation by Election Officials and Election
Service Providers.--
(1) No requirement to participate in program.--Participation
in the Program shall be entirely voluntary for State and local
election officials and election service providers.
(2) Encouraging participation and input from election
officials.--In developing the Program, the Secretary shall
solicit input from, and encourage participation by, State and
local election officials.
(c) Activities Funded.--In establishing and carrying out the Program,
the Secretary shall--
(1) establish a process for State and local election
officials and election service providers to voluntarily
participate in the Program;
(2) designate appropriate information systems to be included
in the Program;
(3) provide compensation to eligible individuals,
organizations, and companies for reports of previously
unidentified security vulnerabilities within the information
systems designated under subparagraph (A) and establish
criteria for individuals, organizations, and companies to be
considered eligible for such compensation in compliance with
Federal laws;
(4) consult with the Attorney General on how to ensure that
approved individuals, organizations, or companies that comply
with the requirements of the Program are protected from
prosecution under section 1030 of title 18, United States Code,
and similar provisions of law, and from liability under civil
actions for specific activities authorized under the Program;
(5) consult with the Secretary of Defense and the heads of
other departments and agencies that have implemented programs
to provide compensation for reports of previously undisclosed
vulnerabilities in information systems, regarding lessons that
may be applied from such programs;
(6) develop an expeditious process by which an individual,
organization, or company can register with the Department,
submit to a background check as determined by the Department,
and receive a determination as to eligibility for participation
in the Program; and
(7) engage qualified interested persons, including
representatives of private entities, about the structure of the
Program and, to the extent practicable, establish a recurring
competition for independent technical experts to assess
election systems for the purpose of identifying and reporting
election cybersecurity vulnerabilities;
(d) Use of Service Providers.--The Secretary may award competitive
contracts as necessary to manage the Program.
SEC. 3403. DEFINITIONS.
In this subtitle, the following definitions apply:
(1) The terms ``election'' and ``Federal office'' have the
meanings given such terms in section 301 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101).
(2) The term ``election cybersecurity vulnerability'' means
any security vulnerability (as defined in section 102 of the
Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501))
that affects an election system.
(3) The term ``election service provider'' means any person
providing, supporting, or maintaining an election system on
behalf of a State or local election official, such as a
contractor or vendor.
(4) The term ``election system'' means any information system
(as defined in section 3502 of title 44, United States Code)
which is part of an election infrastructure.
(5) The term ``Secretary'' means the Secretary of Homeland
Security, or, upon designation by the Secretary of Homeland
Security, the Deputy Secretary of Homeland Security, the
Director of Cybersecurity and Infrastructure Security of the
Department of Homeland Security, or a Senate-confirmed official
that reports to the Director.
(6) The term ``State'' means each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the Commonwealth of Northern Mariana Islands,
and the United States Virgin Islands.
(7) The term ``voting system'' has the meaning given such
term in section 301(b) of the Help America Vote Act of 2002 (52
U.S.C. 21081(b)).
Subtitle F--Miscellaneous Provisions
SEC. 3501. DEFINITIONS.
Except as provided in section 3404, in this title, the following
definitions apply:
(1) The term ``Chairman'' means the chair of the Election
Assistance Commission.
(2) The term ``appropriate congressional committees'' means
the Committees on Homeland Security and House Administration of
the House of Representatives and the Committees on Homeland
Security and Governmental Affairs and Rules and Administration
of the Senate.
(3) The term ``chief State election official'' means, with
respect to a State, the individual designated by the State
under section 10 of the National Voter Registration Act of 1993
(52 U.S.C. 20509) to be responsible for coordination of the
State's responsibilities under such Act.
(4) The term ``Commission'' means the Election Assistance
Commission.
(5) The term ``democratic institutions'' means the diverse
range of institutions that are essential to ensuring an
independent judiciary, free and fair elections, and rule of
law.
(6) The term ``election agency'' means any component of a
State, or any component of a unit of local government in a
State, which is responsible for the administration of elections
for Federal office in the State.
(7) The term ``election infrastructure'' means storage
facilities, polling places, and centralized vote tabulation
locations used to support the administration of elections for
public office, as well as related information and
communications technology, including voter registration
databases, voting machines, electronic mail and other
communications systems (including electronic mail and other
systems of vendors who have entered into contracts with
election agencies to support the administration of elections,
manage the election process, and report and display election
results), and other systems used to manage the election process
and to report and display election results on behalf of an
election agency.
(8) The term ``Secretary'' means the Secretary of Homeland
Security.
(9) The term ``State'' has the meaning given such term in
section 901 of the Help America Vote Act of 2002 (52 U.S.C.
21141).
SEC. 3502. INITIAL REPORT ON ADEQUACY OF RESOURCES AVAILABLE FOR
IMPLEMENTATION.
Not later than 120 days after enactment of this Act, the Chairman and
the Secretary shall submit a report to the appropriate committees of
Congress, including the Committees on Homeland Security and House
Administration of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate, analyzing the
adequacy of the funding, resources, and personnel available to carry
out this title and the amendments made by this title.
Subtitle G--Severability
SEC. 3601. SEVERABILITY.
If any provision of this title or amendment made by this title, or
the application of a provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of this
title and amendments made by this title, and the application of the
provisions and amendment to any person or circumstance, shall not be
affected by the holding.
DIVISION B--CAMPAIGN FINANCE
TITLE IV--CAMPAIGN FINANCE TRANSPARENCY
Subtitle A--Findings Relating to Illicit Money Undermining Our
Democracy
Sec. 4001. Findings relating to illicit money undermining our
democracy.
Subtitle B--DISCLOSE Act
Sec. 4100. Short title.
Part 1--Regulation of Certain Political Spending
Sec. 4101. Application of ban on contributions and expenditures by
foreign nationals to domestic corporations, limited liability
corporations, and partnerships that are foreign-controlled, foreign-
influenced, and foreign-owned.
Sec. 4102. Clarification of application of foreign money ban to certain
disbursements and activities.
Part 2--Reporting of Campaign-Related Disbursements
Sec. 4111. Reporting of campaign-related disbursements.
Sec. 4112. Application of foreign money ban to disbursements for
campaign-related disbursements consisting of covered transfers.
Sec. 4113. Effective date.
Part 3--Other Administrative Reforms
Sec. 4121. Petition for certiorari.
Sec. 4122. Judicial review of actions related to campaign finance laws.
Subtitle C--Honest Ads
Sec. 4201. Short title.
Sec. 4202. Purpose.
Sec. 4203. Findings.
Sec. 4204. Sense of Congress.
Sec. 4205. Expansion of definition of public communication.
Sec. 4206. Expansion of definition of electioneering communication.
Sec. 4207. Application of disclaimer statements to online
communications.
Sec. 4208. Political record requirements for online platforms.
Sec. 4209. Preventing contributions, expenditures, independent
expenditures, and disbursements for electioneering communications by
foreign nationals in the form of online advertising.
Subtitle D--Stand By Every Ad
Sec. 4301. Short title.
Sec. 4302. Stand By Every Ad.
Sec. 4303. Disclaimer requirements for communications made through
prerecorded telephone calls.
Sec. 4304. No expansion of persons subject to disclaimer requirements
on Internet communications.
Sec. 4305. Effective date.
Subtitle E--[Reserved]
Subtitle F--[Reserved]
Subtitle G--[Reserved]
Subtitle H--Limitation and Disclosure Requirements for Presidential
Inaugural Committees
Sec. 4701. Short title.
Sec. 4702. Limitations and disclosure of certain donations to, and
disbursements by, Inaugural Committees.
Subtitle I--Severability
Sec. 4801. Severability.
Subtitle A--Findings Relating to Illicit Money Undermining Our
Democracy
SEC. 4001. FINDINGS RELATING TO ILLICIT MONEY UNDERMINING OUR
DEMOCRACY.
Congress finds the following:
(1) Criminals, terrorists, and corrupt government officials
frequently abuse anonymously held Limited Liability Companies
(LLCs), also known as ``shell companies,'' to hide, move, and
launder the dirty money derived from illicit activities such as
trafficking, bribery, exploitation, and embezzlement. Ownership
and control of the finances that run through shell companies
are obscured to regulators and law enforcement because little
information is required and collected when establishing these
entities.
(2) The public release of the ``Panama Papers'' in 2016 and
the ``Paradise Papers'' in 2017 revealed that these shell
companies often purchase and sell United States real estate.
United States anti-money laundering laws do not apply to cash
transactions involving real estate effectively concealing the
beneficiaries and transactions from regulators and law
enforcement.
(3) Congress should curb the use of anonymous shell companies
for illicit purposes by requiring United States companies to
disclose their beneficial owners, strengthening anti-money
laundering and counter-terrorism finance laws.
(4) Congress should examine the money laundering and
terrorist financing risks in the real estate market, including
the role of anonymous parties, and review legislation to
address any vulnerabilities identified in this sector.
(5) Congress should examine the methods by which corruption
flourishes and the means to detect and deter the financial
misconduct that fuels this driver of global instability.
Congress should monitor government efforts to enforce United
States anti-corruption laws and regulations.
Subtitle B--DISCLOSE Act
SEC. 4100. SHORT TITLE.
This subtitle may be cited as the ``Democracy Is Strengthened by
Casting Light On Spending in Elections Act of 2019'' or the ``DISCLOSE
Act of 2019''.
PART 1--REGULATION OF CERTAIN POLITICAL SPENDING
SEC. 4101. APPLICATION OF BAN ON CONTRIBUTIONS AND EXPENDITURES BY
FOREIGN NATIONALS TO DOMESTIC CORPORATIONS, LIMITED
LIABILITY CORPORATIONS, AND PARTNERSHIPS THAT ARE
FOREIGN-CONTROLLED, FOREIGN-INFLUENCED, AND
FOREIGN-OWNED.
(a) Application of Ban.--
(1) In general.--Section 319(b) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30121(b)) is amended--
(A) by striking ``or'' at the end of paragraph (1);
(B) by striking the period at the end of paragraph
(2) and inserting ``; or''; and
(C) by adding at the end the following new paragraph:
``(3) except as provided under subsection (c), any
corporation, limited liability corporation, or partnership
which is not a foreign national described in paragraph (1)
and--
``(A) in which a foreign national described in
paragraph (1) or (2) directly or indirectly owns or
controls--
``(i) 5 percent or more of the voting shares,
if the foreign national is a foreign country, a
foreign government official, or a corporation
principally owned or controlled by a foreign
country or foreign government official; or
``(ii) 20 percent or more of the voting
shares, if the foreign national is not
described in clause (i);
``(B) in which two or more foreign nationals
described in paragraph (1) or (2), each of whom owns or
controls at least 5 percent of the voting shares,
directly or indirectly own or control 50 percent or
more of the voting shares;
``(C) over which one or more foreign nationals
described in paragraph (1) or (2) has the power to
direct, dictate, or control the decisionmaking process
of the corporation, limited liability corporation, or
partnership with respect to its interests in the United
States; or
``(D) over which one or more foreign nationals
described in paragraph (1) or (2) has the power to
direct, dictate, or control the decisionmaking process
of the corporation, limited liability corporation, or
partnership with respect to activities in connection
with a Federal, State, or local election, including--
``(i) the making of a contribution, donation,
expenditure, independent expenditure, or
disbursement for an electioneering
communication (within the meaning of section
304(f)(3)); or
``(ii) the administration of a political
committee established or maintained by the
corporation.''.
(2) Activities of corporate pacs of domestic subsidiaries.--
Section 319 of such Act (52 U.S.C. 30121) is amended by adding
at the end the following new subsection:
``(c) Activities of Corporate PACs of Domestic Subsidiaries.--
Notwithstanding subsection (a), a foreign national described in
subparagraph (A), (B), or (C) of subsection (b)(3) which is a domestic
corporation whose principal place of business is within the United
States may establish, administer and solicit contributions to a
separate segregated fund pursuant to section 316(b)(2)(C) so long as--
``(1) the foreign national parent corporation of such
domestic corporation does not directly or indirectly finance
the establishment, administration, or solicitation activities
of the fund; and
``(2) the fund is in compliance with complies with the
requirements of section 316(b)(8).''.
(b) Certification of Compliance.--Section 319 of such Act (52 U.S.C.
30121), as amended by subsection (a)(2), is further amended by adding
at the end the following new subsection:
``(d) Certification of Compliance Required Prior To Carrying Out
Activity.--Prior to the making in connection with an election for
Federal office of any contribution, donation, expenditure, independent
expenditure, or disbursement for an electioneering communication by a
corporation, limited liability corporation, or partnership during a
year, the chief executive officer of the corporation, limited liability
corporation, or partnership (or, if the corporation, limited liability
corporation, or partnership does not have a chief executive officer,
the highest ranking official of the corporation, limited liability
corporation, or partnership), shall file a certification with the
Commission, under penalty of perjury, that the corporation, limited
liability corporation, or partnership is not prohibited from carrying
out such activity under subsection (b)(3), unless the chief executive
officer has previously filed such a certification during that calendar
year.''.
(c) Effective Date.--The amendments made by this section shall take
effect upon the expiration of the 180-day period which begins on the
date of the enactment of this Act, and shall take effect without regard
to whether or not the Federal Election Commission has promulgated
regulations to carry out such amendments.
SEC. 4102. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN TO CERTAIN
DISBURSEMENTS AND ACTIVITIES.
(a) Application to Disbursements to Super PACs.--Section 319(a)(1)(A)
of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1)(A))
is amended by striking the semicolon and inserting the following: ``,
including any disbursement to a political committee which accepts
donations or contributions that do not comply with the limitations,
prohibitions, and reporting requirements of this Act (or any
disbursement to or on behalf of any account of a political committee
which is established for the purpose of accepting such donations or
contributions);''.
(b) Conditions Under Which Corporate PACs May Make Contributions and
Expenditures.--Section 316(b) of such Act (52 U.S.C. 30118(b)) is
amended by adding at the end the following new paragraph:
``(8) A separate segregated fund established by a corporation may not
make a contribution or expenditure during a year unless the fund has
certified to the Commission the following during the year:
``(A) Each individual who manages the fund, and who is
responsible for exercising decisionmaking authority for the
fund, is a citizen of the United States or is lawfully admitted
for permanent residence in the United States.
``(B) No foreign national under section 319 participates in
any way in the decisionmaking processes of the fund with regard
to contributions or expenditures under this Act.
``(C) The fund does not solicit or accept recommendations
from any foreign national under section 319 with respect to the
contributions or expenditures made by the fund.
``(D) Any member of the board of directors of the corporation
who is a foreign national under section 319 abstains from
voting on matters concerning the fund or its activities.''.
PART 2--REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS
SEC. 4111. REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS.
(a) Disclosure Requirements for Corporations, Labor Organizations,
and Certain Other Entities.--
(1) In general.--Section 324 of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30126) is amended to read as follows:
``SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED DISBURSEMENTS BY COVERED
ORGANIZATIONS.
``(a) Disclosure Statement.--
``(1) In general.--Any covered organization that makes
campaign-related disbursements aggregating more than $10,000 in
an election reporting cycle shall, not later than 24 hours
after each disclosure date, file a statement with the
Commission made under penalty of perjury that contains the
information described in paragraph (2)--
``(A) in the case of the first statement filed under
this subsection, for the period beginning on the first
day of the election reporting cycle (or, if earlier,
the period beginning one year before the first such
disclosure date) and ending on the first such
disclosure date; and
``(B) in the case of any subsequent statement filed
under this subsection, for the period beginning on the
previous disclosure date and ending on such disclosure
date.
``(2) Information described.--The information described in
this paragraph is as follows:
``(A) The name of the covered organization and the
principal place of business of such organization and,
in the case of a covered organization that is a
corporation (other than a business concern that is an
issuer of a class of securities registered under
section 12 of the Securities Exchange Act of 1934 (15
U.S.C. 78l) or that is required to file reports under
section 15(d) of that Act (15 U.S.C. 78o(d))) or an
entity described in subsection (e)(2), a list of the
beneficial owners (as defined in paragraph (4)(A)) of
the entity that--
``(i) identifies each beneficial owner by
name and current residential or business street
address; and
``(ii) if any beneficial owner exercises
control over the entity through another legal
entity, such as a corporation, partnership,
limited liability company, or trust, identifies
each such other legal entity and each such
beneficial owner who will use that other entity
to exercise control over the entity.
``(B) The amount of each campaign-related
disbursement made by such organization during the
period covered by the statement of more than $1,000,
and the name and address of the person to whom the
disbursement was made.
``(C) In the case of a campaign-related disbursement
that is not a covered transfer, the election to which
the campaign-related disbursement pertains and if the
disbursement is made for a public communication, the
name of any candidate identified in such communication
and whether such communication is in support of or in
opposition to a candidate.
``(D) A certification by the chief executive officer
or person who is the head of the covered organization
that the campaign-related disbursement is not made in
cooperation, consultation, or concert with or at the
request or suggestion of a candidate, authorized
committee, or agent of a candidate, political party, or
agent of a political party.
``(E)(i) If the covered organization makes campaign-
related disbursements using exclusively funds in a
segregated bank account consisting of funds that were
paid directly to such account by persons other than the
covered organization that controls the account, for
each such payment to the account--
``(I) the name and address of each
person who made such payment during the
period covered by the statement;
``(II) the date and amount of such
payment; and
``(III) the aggregate amount of all
such payments made by the person during
the period beginning on the first day
of the election reporting cycle (or, if
earlier, the period beginning one year
before the disclosure date) and ending
on the disclosure date,
but only if such payment was made by a person who made
payments to the account in an aggregate amount of
$10,000 or more during the period beginning on the
first day of the election reporting cycle (or, if
earlier, the period beginning one year before the
disclosure date) and ending on the disclosure date.
``(ii) In any calendar year after 2020, section
315(c)(1)(B) shall apply to the amount described in
clause (i) in the same manner as such section applies
to the limitations established under subsections
(a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section,
except that for purposes of applying such section to
the amounts described in subsection (b), the `base
period' shall be 2020.
``(F)(i) If the covered organization makes campaign-
related disbursements using funds other than funds in a
segregated bank account described in subparagraph (E),
for each payment to the covered organization--
``(I) the name and address of each
person who made such payment during the
period covered by the statement;
``(II) the date and amount of such
payment; and
``(III) the aggregate amount of all
such payments made by the person during
the period beginning on the first day
of the election reporting cycle (or, if
earlier, the period beginning one year
before the disclosure date) and ending
on the disclosure date,
but only if such payment was made by a person who made
payments to the covered organization in an aggregate
amount of $10,000 or more during the period beginning
on the first day of the election reporting cycle (or,
if earlier, the period beginning one year before the
disclosure date) and ending on the disclosure date.
``(ii) In any calendar year after 2020, section
315(c)(1)(B) shall apply to the amount described in
clause (i) in the same manner as such section applies
to the limitations established under subsections
(a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section,
except that for purposes of applying such section to
the amounts described in subsection (b), the `base
period' shall be 2020.
``(G) Such other information as required in rules
established by the Commission to promote the purposes
of this section.
``(3) Exceptions.--
``(A) Amounts received in ordinary course of
business.--The requirement to include in a statement
filed under paragraph (1) the information described in
paragraph (2) shall not apply to amounts received by
the covered organization in commercial transactions in
the ordinary course of any trade or business conducted
by the covered organization or in the form of
investments (other than investments by the principal
shareholder in a limited liability corporation) in the
covered organization. For purposes of this
subparagraph, amounts received by a covered
organization as remittances from an employee to the
employee's collective bargaining representative shall
be treated as amounts received in commercial
transactions in the ordinary course of the business
conducted by the covered organization.
``(B) Donor restriction on use of funds.--The
requirement to include in a statement submitted under
paragraph (1) the information described in subparagraph
(F) of paragraph (2) shall not apply if--
``(i) the person described in such
subparagraph prohibited, in writing, the use of
the payment made by such person for campaign-
related disbursements; and
``(ii) the covered organization agreed to
follow the prohibition and deposited the
payment in an account which is segregated from
any account used to make campaign-related
disbursements.
``(C) Threat of harassment or reprisal.--The
requirement to include any information relating to the
name or address of any person (other than a candidate)
in a statement submitted under paragraph (1) shall not
apply if the inclusion of the information would subject
the person to serious threats, harassment, or
reprisals.
``(4) Other definitions.--For purposes of this section:
``(A) Beneficial owner defined.--
``(i) In general.--Except as provided in
clause (ii), the term `beneficial owner' means,
with respect to any entity, a natural person
who, directly or indirectly--
``(I) exercises substantial control
over an entity through ownership,
voting rights, agreement, or otherwise;
or
``(II) has a substantial interest in
or receives substantial economic
benefits from the assets of an entity.
``(ii) Exceptions.--The term `beneficial
owner' shall not include--
``(I) a minor child;
``(II) a person acting as a nominee,
intermediary, custodian, or agent on
behalf of another person;
``(III) a person acting solely as an
employee of an entity and whose control
over or economic benefits from the
entity derives solely from the
employment status of the person;
``(IV) a person whose only interest
in an entity is through a right of
inheritance, unless the person also
meets the requirements of clause (i);
or
``(V) a creditor of an entity, unless
the creditor also meets the
requirements of clause (i).
``(iii) Anti-abuse rule.--The exceptions
under clause (ii) shall not apply if used for
the purpose of evading, circumventing, or
abusing the provisions of clause (i) or
paragraph (2)(A).
``(B) Disclosure date.--The term `disclosure date'
means--
``(i) the first date during any election
reporting cycle by which a person has made
campaign-related disbursements aggregating more
than $10,000; and
``(ii) any other date during such election
reporting cycle by which a person has made
campaign-related disbursements aggregating more
than $10,000 since the most recent disclosure
date for such election reporting cycle.
``(C) Election reporting cycle.--The term `election
reporting cycle' means the 2-year period beginning on
the date of the most recent general election for
Federal office.
``(D) Payment.--The term `payment' includes any
contribution, donation, transfer, payment of dues, or
other payment.
``(b) Coordination With Other Provisions.--
``(1) Other reports filed with the commission.--Information
included in a statement filed under this section may be
excluded from statements and reports filed under section 304.
``(2) Treatment as separate segregated fund.--A segregated
bank account referred to in subsection (a)(2)(E) may be treated
as a separate segregated fund for purposes of section 527(f)(3)
of the Internal Revenue Code of 1986.
``(c) Filing.--Statements required to be filed under subsection (a)
shall be subject to the requirements of section 304(d) to the same
extent and in the same manner as if such reports had been required
under subsection (c) or (g) of section 304.
``(d) Campaign-Related Disbursement Defined.--
``(1) In general.--In this section, the term `campaign-
related disbursement' means a disbursement by a covered
organization for any of the following:
``(A) An independent expenditure which expressly
advocates the election or defeat of a clearly
identified candidate for election for Federal office,
or is the functional equivalent of express advocacy
because, when taken as a whole, it can be interpreted
by a reasonable person only as advocating the election
or defeat of a candidate for election for Federal
office.
``(B) Any public communication which refers to a
clearly identified candidate for election for Federal
office and which promotes or supports the election of a
candidate for that office, or attacks or opposes the
election of a candidate for that office, without regard
to whether the communication expressly advocates a vote
for or against a candidate for that office.
``(C) An electioneering communication, as defined in
section 304(f)(3).
``(D) A covered transfer.
``(2) Intent not required.--A disbursement for an item
described in subparagraph (A), (B), (C), or (D) of paragraph
(1) shall be treated as a campaign-related disbursement
regardless of the intent of the person making the disbursement.
``(e) Covered Organization Defined.--In this section, the term
`covered organization' means any of the following:
``(1) A corporation (other than an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986).
``(2) A limited liability corporation that is not otherwise
treated as a corporation for purposes of this Act (other than
an organization described in section 501(c)(3) of the Internal
Revenue Code of 1986).
``(3) An organization described in section 501(c) of such
Code and exempt from taxation under section 501(a) of such Code
(other than an organization described in section 501(c)(3) of
such Code).
``(4) A labor organization (as defined in section 316(b)).
``(5) Any political organization under section 527 of the
Internal Revenue Code of 1986, other than a political committee
under this Act (except as provided in paragraph (6)).
``(6) A political committee with an account that accepts
donations or contributions that do not comply with the
contribution limits or source prohibitions under this Act, but
only with respect to such accounts.
``(f) Covered Transfer Defined.--
``(1) In general.--In this section, the term `covered
transfer' means any transfer or payment of funds by a covered
organization to another person if the covered organization--
``(A) designates, requests, or suggests that the
amounts be used for--
``(i) campaign-related disbursements (other
than covered transfers); or
``(ii) making a transfer to another person
for the purpose of making or paying for such
campaign-related disbursements;
``(B) made such transfer or payment in response to a
solicitation or other request for a donation or payment
for--
``(i) the making of or paying for campaign-
related disbursements (other than covered
transfers); or
``(ii) making a transfer to another person
for the purpose of making or paying for such
campaign-related disbursements;
``(C) engaged in discussions with the recipient of
the transfer or payment regarding--
``(i) the making of or paying for campaign-
related disbursements (other than covered
transfers); or
``(ii) donating or transferring any amount of
such transfer or payment to another person for
the purpose of making or paying for such
campaign-related disbursements;
``(D) made campaign-related disbursements (other than
a covered transfer) in an aggregate amount of $50,000
or more during the 2-year period ending on the date of
the transfer or payment, or knew or had reason to know
that the person receiving the transfer or payment made
such disbursements in such an aggregate amount during
that 2-year period; or
``(E) knew or had reason to know that the person
receiving the transfer or payment would make campaign-
related disbursements in an aggregate amount of $50,000
or more during the 2-year period beginning on the date
of the transfer or payment.
``(2) Exclusions.--The term `covered transfer' does not
include any of the following:
``(A) A disbursement made by a covered organization
in a commercial transaction in the ordinary course of
any trade or business conducted by the covered
organization or in the form of investments made by the
covered organization.
``(B) A disbursement made by a covered organization
if--
``(i) the covered organization prohibited, in
writing, the use of such disbursement for
campaign-related disbursements; and
``(ii) the recipient of the disbursement
agreed to follow the prohibition and deposited
the disbursement in an account which is
segregated from any account used to make
campaign-related disbursements.
``(3) Special rule regarding transfers among affiliates.--
``(A) Special rule.--A transfer of an amount by one
covered organization to another covered organization
which is treated as a transfer between affiliates under
subparagraph (C) shall be considered a covered transfer
by the covered organization which transfers the amount
only if the aggregate amount transferred during the
year by such covered organization to that same covered
organization is equal to or greater than $50,000.
``(B) Determination of amount of certain payments
among affiliates.--In determining the amount of a
transfer between affiliates for purposes of
subparagraph (A), to the extent that the transfer
consists of funds attributable to dues, fees, or
assessments which are paid by individuals on a regular,
periodic basis in accordance with a per-individual
calculation which is made on a regular basis, the
transfer shall be attributed to the individuals paying
the dues, fees, or assessments and shall not be
attributed to the covered organization.
``(C) Description of transfers between affiliates.--A
transfer of amounts from one covered organization to
another covered organization shall be treated as a
transfer between affiliates if--
``(i) one of the organizations is an
affiliate of the other organization; or
``(ii) each of the organizations is an
affiliate of the same organization,
except that the transfer shall not be treated as a
transfer between affiliates if one of the organizations
is established for the purpose of making campaign-
related disbursements.
``(D) Determination of affiliate status.--For
purposes of subparagraph (C), a covered organization is
an affiliate of another covered organization if--
``(i) the governing instrument of the
organization requires it to be bound by
decisions of the other organization;
``(ii) the governing board of the
organization includes persons who are
specifically designated representatives of the
other organization or are members of the
governing board, officers, or paid executive
staff members of the other organization, or
whose service on the governing board is
contingent upon the approval of the other
organization; or
``(iii) the organization is chartered by the
other organization.
``(E) Coverage of transfers to affiliated section
501(c)(3) organizations.--This paragraph shall apply
with respect to an amount transferred by a covered
organization to an organization described in paragraph
(3) of section 501(c) of the Internal Revenue Code of
1986 and exempt from tax under section 501(a) of such
Code in the same manner as this paragraph applies to an
amount transferred by a covered organization to another
covered organization.
``(g) No Effect on Other Reporting Requirements.--Nothing in this
section shall be construed to waive or otherwise affect any other
requirement of this Act which relates to the reporting of campaign-
related disbursements.''.
(2) Conforming amendment.--Section 304(f)(6) of such Act (52
U.S.C. 30104) is amended by striking ``Any requirement'' and
inserting ``Except as provided in section 324(b), any
requirement''.
(b) Coordination With FinCEN.--
(1) In general.--The Director of the Financial Crimes
Enforcement Network of the Department of the Treasury shall
provide the Federal Election Commission with such information
as necessary to assist in administering and enforcing section
324 of the Federal Election Campaign Act of 1971, as added by
this section.
(2) Report.--Not later than 6 months after the date of the
enactment of this Act, the Chairman of the Federal Election
Commission, in consultation with the Director of the Financial
Crimes Enforcement Network of the Department of the Treasury,
shall submit to Congress a report with recommendations for
providing further legislative authority to assist in the
administration and enforcement of such section 324.
SEC. 4112. APPLICATION OF FOREIGN MONEY BAN TO DISBURSEMENTS FOR
CAMPAIGN-RELATED DISBURSEMENTS CONSISTING OF
COVERED TRANSFERS.
Section 319(a)(1)(A) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30121(a)(1)(A)), as amended by section 4102, is amended by
striking the semicolon and inserting the following: ``, and any
disbursement, other than an disbursement described in section
324(a)(3)(A), to another person who made a campaign-related
disbursement consisting of a covered transfer (as described in section
324) during the 2-year period ending on the date of the
disbursement;''.
SEC. 4113. EFFECTIVE DATE.
The amendments made by this part shall apply with respect to
disbursements made on or after January 1, 2020, and shall take effect
without regard to whether or not the Federal Election Commission has
promulgated regulations to carry out such amendments.
PART 3--OTHER ADMINISTRATIVE REFORMS
SEC. 4121. PETITION FOR CERTIORARI.
Section 307(a)(6) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30107(a)(6)) is amended by inserting ``(including a proceeding
before the Supreme Court on certiorari)'' after ``appeal''.
SEC. 4122. JUDICIAL REVIEW OF ACTIONS RELATED TO CAMPAIGN FINANCE LAWS.
(a) In General.--Title IV of the Federal Election Campaign Act of
1971 (52 U.S.C. 30141 et seq.) is amended by inserting after section
406 the following new section:
``SEC. 407. JUDICIAL REVIEW.
``(a) In General.--Notwithstanding section 373(f), if any action is
brought for declaratory or injunctive relief to challenge the
constitutionality of any provision of this Act or of chapter 95 or 96
of the Internal Revenue Code of 1986, or is brought to with respect to
any action of the Commission under chapter 95 or 96 of the Internal
Revenue Code of 1986, the following rules shall apply:
``(1) The action shall be filed in the United States District
Court for the District of Columbia and an appeal from the
decision of the district court may be taken to the Court of
Appeals for the District of Columbia Circuit.
``(2) In the case of an action relating to declaratory or
injunctive relief to challenge the constitutionality of a
provision--
``(A) a copy of the complaint shall be delivered
promptly to the Clerk of the House of Representatives
and the Secretary of the Senate; and
``(B) it shall be the duty of the United States
District Court for the District of Columbia, the Court
of Appeals for the District of Columbia, and the
Supreme Court of the United States to advance on the
docket and to expedite to the greatest possible extent
the disposition of the action and appeal.
``(b) Intervention by Members of Congress.--In any action in which
the constitutionality of any provision of this Act or chapter 95 or 96
of the Internal Revenue Code of 1986 is raised, any Member of the House
of Representatives (including a Delegate or Resident Commissioner to
the Congress) or Senate shall have the right to intervene either in
support of or opposition to the position of a party to the case
regarding the constitutionality of the provision. To avoid duplication
of efforts and reduce the burdens placed on the parties to the action,
the court in any such action may make such orders as it considers
necessary, including orders to require interveners taking similar
positions to file joint papers or to be represented by a single
attorney at oral argument.
``(c) Challenge by Members of Congress.--Any Member of Congress may
bring an action, subject to the special rules described in subsection
(a), for declaratory or injunctive relief to challenge the
constitutionality of any provision of this Act or chapter 95 or 96 of
the Internal Revenue Code of 1986.''.
(b) Conforming Amendments.--
(1) In general.--
(A) Section 9011 of the Internal Revenue Code of 1986
is amended to read as follows:
``SEC. 9011. JUDICIAL REVIEW.
``For provisions relating to judicial review of certifications,
determinations, and actions by the Commission under this chapter, see
section 407 of the Federal Election Campaign Act of 1971.''.
(B) Section 9041 of the Internal Revenue Code of 1986
is amended to read as follows:
``SEC. 9041. JUDICIAL REVIEW.
``For provisions relating to judicial review of actions by the
Commission under this chapter, see section 407 of the Federal Election
Campaign Act of 1971.''.
(C) Section 403 of the Bipartisan Campaign Reform Act
of 2002 (52 U.S.C. 30110 note) is repealed.
(c) Effective Date.--The amendments made by this section shall apply
to actions brought on or after January 1, 2019.
Subtitle C--Honest Ads
SEC. 4201. SHORT TITLE.
This subtitle may be cited as the ``Honest Ads Act''.
SEC. 4202. PURPOSE.
The purpose of this subtitle is to enhance the integrity of American
democracy and national security by improving disclosure requirements
for online political advertisements in order to uphold the Supreme
Court's well-established standard that the electorate bears the right
to be fully informed.
SEC. 4203. FINDINGS.
Congress makes the following findings:
(1) On January 6, 2017, the Office of the Director of
National Intelligence published a report titled ``Assessing
Russian Activities and Intentions in Recent U.S. Elections'',
noting that ``Russian President Vladimir Putin ordered an
influence campaign in 2016 aimed at the US presidential
election . . .''. Moscow's influence campaign followed a
Russian messaging strategy that blends covert intelligence
operation--such as cyber activity--with overt efforts by
Russian Government agencies, state-funded media, third-party
intermediaries, and paid social media users or ``trolls''.
(2) On November 24, 2016, The Washington Post reported
findings from 2 teams of independent researchers that concluded
Russians ``exploited American-made technology platforms to
attack U.S. democracy at a particularly vulnerable moment . . .
as part of a broadly effective strategy of sowing distrust in
U.S. democracy and its leaders.''.
(3) Findings from a 2017 study on the manipulation of public
opinion through social media conducted by the Computational
Propaganda Research Project at the Oxford Internet Institute
found that the Kremlin is using pro-Russian bots to manipulate
public discourse to a highly targeted audience. With a sample
of nearly 1,300,000 tweets, researchers found that in the 2016
election's 3 decisive States, propaganda constituted 40 percent
of the sampled election-related tweets that went to
Pennsylvanians, 34 percent to Michigan voters, and 30 percent
to those in Wisconsin. In other swing States, the figure
reached 42 percent in Missouri, 41 percent in Florida, 40
percent in North Carolina, 38 percent in Colorado, and 35
percent in Ohio.
(4) On September 6, 2017, the nation's largest social media
platform disclosed that between June 2015 and May 2017, Russian
entities purchased $100,000 in political advertisements,
publishing roughly 3,000 ads linked to fake accounts associated
with the Internet Research Agency, a pro-Kremlin organization.
According to the company, the ads purchased focused ``on
amplifying divisive social and political messages . . .''.
(5) In 2002, the Bipartisan Campaign Reform Act became law,
establishing disclosure requirements for political
advertisements distributed from a television or radio broadcast
station or provider of cable or satellite television. In 2003,
the Supreme Court upheld regulations on electioneering
communications established under the Act, noting that such
requirements ``provide the electorate with information and
insure that the voters are fully informed about the person or
group who is speaking.''.
(6) According to a study from Borrell Associates, in 2016,
$1,415,000,000 was spent on online advertising, more than
quadruple the amount in 2012.
(7) The reach of a few large internet platforms--larger than
any broadcast, satellite, or cable provider--has greatly
facilitated the scope and effectiveness of disinformation
campaigns. For instance, the largest platform has over
210,000,000 Americans users--over 160,000,000 of them on a
daily basis. By contrast, the largest cable television provider
has 22,430,000 subscribers, while the largest satellite
television provider has 21,000,000 subscribers. And the most-
watched television broadcast in United States history had
118,000,000 viewers.
(8) The public nature of broadcast television, radio, and
satellite ensures a level of publicity for any political
advertisement. These communications are accessible to the
press, fact-checkers, and political opponents; this creates
strong disincentives for a candidate to disseminate materially
false, inflammatory, or contradictory messages to the public.
Social media platforms, in contrast, can target portions of the
electorate with direct, ephemeral advertisements often on the
basis of private information the platform has on individuals,
enabling political advertisements that are contradictory,
racially or socially inflammatory, or materially false.
(9) According to comScore, 2 companies own 8 of the 10 most
popular smartphone applications as of June 2017, including the
most popular social media and email services--which deliver
information and news to users without requiring proactivity by
the user. Those same 2 companies accounted for 99 percent of
revenue growth from digital advertising in 2016, including 77
percent of gross spending. 79 percent of online Americans--
representing 68 percent of all Americans--use the single
largest social network, while 66 percent of these users are
most likely to get their news from that site.
(10) In its 2006 rulemaking, the Federal Election Commission
noted that only 18 percent of all Americans cited the internet
as their leading source of news about the 2004 Presidential
election; by contrast, the Pew Research Center found that 65
percent of Americans identified an internet-based source as
their leading source of information for the 2016 election.
(11) The Federal Election Commission, the independent Federal
agency charged with protecting the integrity of the Federal
campaign finance process by providing transparency and
administering campaign finance laws, has failed to take action
to address online political advertisements.
(12) In testimony before the Senate Select Committee on
Intelligence titled, ``Disinformation: A Primer in Russian
Active Measures and Influence Campaigns'', multiple expert
witnesses testified that while the disinformation tactics of
foreign adversaries have not necessarily changed, social media
services now provide ``platform[s] practically purpose-built
for active measures[.]'' Similarly, as Gen. Keith B. Alexander
(RET.), the former Director of the National Security Agency,
testified, during the Cold War ``if the Soviet Union sought to
manipulate information flow, it would have to do so principally
through its own propaganda outlets or through active measures
that would generate specific news: planting of leaflets,
inciting of violence, creation of other false materials and
narratives. But the news itself was hard to manipulate because
it would have required actual control of the organs of media,
which took long-term efforts to penetrate. Today, however,
because the clear majority of the information on social media
sites is uncurated and there is a rapid proliferation of
information sources and other sites that can reinforce
information, there is an increasing likelihood that the
information available to average consumers may be inaccurate
(whether intentionally or otherwise) and may be more easily
manipulable than in prior eras.''.
(13) Current regulations on political advertisements do not
provide sufficient transparency to uphold the public's right to
be fully informed about political advertisements made online.
SEC. 4204. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the dramatic increase in digital political
advertisements, and the growing centrality of online platforms
in the lives of Americans, requires the Congress and the
Federal Election Commission to take meaningful action to ensure
that laws and regulations provide the accountability and
transparency that is fundamental to our democracy;.
(2) free and fair elections require both transparency and
accountability which give the public a right to know the true
sources of funding for political advertisements in order to
make informed political choices and hold elected officials
accountable; and
(3) transparency of funding for political advertisements is
essential to enforce other campaign finance laws, including the
prohibition on campaign spending by foreign nationals.
SEC. 4205. EXPANSION OF DEFINITION OF PUBLIC COMMUNICATION.
(a) In General.--Paragraph (22) of section 301 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101(22)) is amended by
striking ``or satellite communication'' and inserting ``satellite, paid
internet, or paid digital communication''.
(b) Treatment of Contributions and Expenditures.--Section 301 of such
Act (52 U.S.C. 30101) is amended--
(1) in paragraph (8)(B)--
(A) in clause (v), by striking ``on broadcasting
stations, or in newspapers, magazines, or similar types
of general public political advertising'' and inserting
``in any public communication'';
(B) in clause (ix), by striking ``broadcasting,
newspaper, magazine, billboard, direct mail, or similar
type of general public communication or political
advertising'' and inserting ``public communication'';
and
(C) in clause (x), by striking ``but not including
the use of broadcasting, newspapers, magazines,
billboards, direct mail, or similar types of general
public communication or political advertising'' and
inserting ``but not including use in any public
communication''; and
(2) in paragraph (9)(B)--
(A) by amending clause (i) to read as follows:
``(i) any news story, commentary, or
editorial distributed through the facilities of
any broadcasting station or any print, online,
or digital newspaper, magazine, blog,
publication, or periodical, unless such
broadcasting, print, online, or digital
facilities are owned or controlled by any
political party, political committee, or
candidate;''; and
(B) in clause (iv), by striking ``on broadcasting
stations, or in newspapers, magazines, or similar types
of general public political advertising'' and inserting
``in any public communication''.
(c) Disclosure and Disclaimer Statements.--Subsection (a) of section
318 of such Act (52 U.S.C. 30120) is amended--
(1) by striking ``financing any communication through any
broadcasting station, newspaper, magazine, outdoor advertising
facility, mailing, or any other type of general public
political advertising'' and inserting ``financing any public
communication''; and
(2) by striking ``solicits any contribution through any
broadcasting station, newspaper, magazine, outdoor advertising
facility, mailing, or any other type of general public
political advertising'' and inserting ``solicits any
contribution through any public communication''.
SEC. 4206. EXPANSION OF DEFINITION OF ELECTIONEERING COMMUNICATION.
(a) Expansion to Online Communications.--
(1) Application to qualified internet and digital
communications.--
(A) In general.--Subparagraph (A) of section
304(f)(3) of the Federal Election Campaign Act of 1971
(52 U.S.C. 30104(f)(3)(A)) is amended by striking ``or
satellite communication'' each place it appears in
clauses (i) and (ii) and inserting ``satellite, or
qualified internet or digital communication''.
(B) Qualified internet or digital communication.--
Paragraph (3) of section 304(f) of such Act (52 U.S.C.
30104(f)) is amended by adding at the end the following
new subparagraph:
``(D) Qualified internet or digital communication.--
The term `qualified internet or digital communication'
means any communication which is placed or promoted for
a fee on an online platform (as defined in subsection
(j)(3)).''.
(2) Nonapplication of relevant electorate to online
communications.--Section 304(f)(3)(A)(i)(III) of such Act (52
U.S.C. 30104(f)(3)(A)(i)(III)) is amended by inserting ``any
broadcast, cable, or satellite'' before ``communication''.
(3) News exemption.--Section 304(f)(3)(B)(i) of such Act (52
U.S.C. 30104(f)(3)(B)(i)) is amended to read as follows:
``(i) a communication appearing in a news
story, commentary, or editorial distributed
through the facilities of any broadcasting
station or any online or digital newspaper,
magazine, blog, publication, or periodical,
unless such broadcasting, online, or digital
facilities are owned or controlled by any
political party, political committee, or
candidate;''.
(b) Effective Date.--The amendments made by this section shall apply
with respect to communications made on or after January 1, 2020.
SEC. 4207. APPLICATION OF DISCLAIMER STATEMENTS TO ONLINE
COMMUNICATIONS.
(a) Clear and Conspicuous Manner Requirement.--Subsection (a) of
section 318 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30120(a)) is amended--
(1) by striking ``shall clearly state'' each place it appears
in paragraphs (1), (2), and (3) and inserting ``shall state in
a clear and conspicuous manner''; and
(2) by adding at the end the following flush sentence: ``For
purposes of this section, a communication does not make a
statement in a clear and conspicuous manner if it is difficult
to read or hear or if the placement is easily overlooked.''.
(b) Special Rules for Qualified Internet or Digital Communications.--
(1) In general.--Section 318 of such Act (52 U.S.C. 30120) is
amended by adding at the end the following new subsection:
``(e) Special Rules for Qualified Internet or Digital
Communications.--
``(1) Special rules with respect to statements.--In the case
of any qualified internet or digital communication (as defined
in section 304(f)(3)(D)) which is disseminated through a medium
in which the provision of all of the information specified in
this section is not possible, the communication shall, in a
clear and conspicuous manner--
``(A) state the name of the person who paid for the
communication; and
``(B) provide a means for the recipient of the
communication to obtain the remainder of the
information required under this section with minimal
effort and without receiving or viewing any additional
material other than such required information.
``(2) Safe harbor for determining clear and conspicuous
manner.--A statement in qualified internet or digital
communication (as defined in section 304(f)(3)(D)) shall be
considered to be made in a clear and conspicuous manner as
provided in subsection (a) if the communication meets the
following requirements:
``(A) Text or graphic communications.--In the case of
a text or graphic communication, the statement--
``(i) appears in letters at least as large as
the majority of the text in the communication;
and
``(ii) meets the requirements of paragraphs
(2) and (3) of subsection (c).
``(B) Audio communications.--In the case of an audio
communication, the statement is spoken in a clearly
audible and intelligible manner at the beginning or end
of the communication and lasts at least 3 seconds.
``(C) Video communications.--In the case of a video
communication which also includes audio, the
statement--
``(i) is included at either the beginning or
the end of the communication; and
``(ii) is made both in--
``(I) a written format that meets the
requirements of subparagraph (A) and
appears for at least 4 seconds; and
``(II) an audible format that meets
the requirements of subparagraph (B).
``(D) Other communications.--In the case of any other
type of communication, the statement is at least as
clear and conspicuous as the statement specified in
subparagraph (A), (B), or (C).''.
(2) Nonapplication of certain exceptions.--The exceptions
provided in section 110.11(f)(1)(i) and (ii) of title 11, Code
of Federal Regulations, or any successor to such rules, shall
have no application to qualified internet or digital
communications (as defined in section 304(f)(3)(D) of the
Federal Election Campaign Act of 1971).
(c) Modification of Additional Requirements for Certain
Communications.--Section 318(d) of such Act (52 U.S.C. 30120(d)) is
amended--
(1) in paragraph (1)(A)--
(A) by striking ``which is transmitted through
radio'' and inserting ``which is in an audio format'';
and
(B) by striking ``By radio'' in the heading and
inserting ``Audio format'';
(2) in paragraph (1)(B)--
(A) by striking ``which is transmitted through
television'' and inserting ``which is in video
format''; and
(B) by striking ``By television'' in the heading and
inserting ``Video format''; and
(3) in paragraph (2)--
(A) by striking ``transmitted through radio or
television'' and inserting ``made in audio or video
format''; and
(B) by striking ``through television'' in the second
sentence and inserting ``in video format''.
SEC. 4208. POLITICAL RECORD REQUIREMENTS FOR ONLINE PLATFORMS.
(a) In General.--Section 304 of the Federal Election Campaign Act of
1971 (52 U.S.C. 30104) is amended by adding at the end the following
new subsection:
``(j) Disclosure of Certain Online Advertisements.--
``(1) In general.--
``(A) Requirements for online platforms.--An online
platform shall maintain, and make available for online
public inspection in machine readable format, a
complete record of any request to purchase on such
online platform a qualified political advertisement
which is made by a person whose aggregate requests to
purchase qualified political advertisements on such
online platform during the calendar year exceeds $500.
``(B) Requirements for advertisers.--Any person who
requests to purchase a qualified political
advertisement on an online platform shall provide the
online platform with such information as is necessary
for the online platform to comply with the requirements
of subparagraph (A).
``(2) Contents of record.--A record maintained under
paragraph (1)(A) shall contain--
``(A) a digital copy of the qualified political
advertisement;
``(B) a description of the audience targeted by the
advertisement, the number of views generated from the
advertisement, and the date and time that the
advertisement is first displayed and last displayed;
and
``(C) information regarding--
``(i) the average rate charged for the
advertisement;
``(ii) the name of the candidate to which the
advertisement refers and the office to which
the candidate is seeking election, the election
to which the advertisement refers, or the
national legislative issue to which the
advertisement refers (as applicable);
``(iii) in the case of a request made by, or
on behalf of, a candidate, the name of the
candidate, the authorized committee of the
candidate, and the treasurer of such committee;
and
``(iv) in the case of any request not
described in clause (iii), the name of the
person purchasing the advertisement, the name
and address of a contact person for such
person, and a list of the chief executive
officers or members of the executive committee
or of the board of directors of such person.
``(3) Online platform.--For purposes of this subsection, the
term `online platform' means any public-facing website, web
application, or digital application (including a social
network, ad network, or search engine) which--
``(A) sells qualified political advertisements; and
``(B) has 50,000,000 or more unique monthly United
States visitors or users for a majority of months
during the preceding 12 months.
``(4) Qualified political advertisement.--For purposes of
this subsection, the term `qualified political advertisement'
means any advertisement (including search engine marketing,
display advertisements, video advertisements, native
advertisements, and sponsorships) that--
``(A) is made by or on behalf of a candidate; or
``(B) communicates a message relating to any
political matter of national importance, including--
``(i) a candidate;
``(ii) any election to Federal office; or
``(iii) a national legislative issue of
public importance.
``(5) Time to maintain file.--The information required under
this subsection shall be made available as soon as possible and
shall be retained by the online platform for a period of not
less than 4 years.
``(6) Safe harbor for platforms making best efforts to
identify requests which are subject to record maintenance
requirements.--In accordance with rules established by the
Commission, if an online platform shows that the platform used
best efforts to determine whether or not a request to purchase
a qualified political advertisement was subject to the
requirements of this subsection, the online platform shall not
be considered to be in violation of such requirements.
``(7) Penalties.--For penalties for failure by online
platforms, and persons requesting to purchase a qualified
political advertisement on online platforms, to comply with the
requirements of this subsection, see section 309.''.
(b) Rulemaking.--Not later than 120 days after the date of the
enactment of this Act, the Federal Election Commission shall establish
rules--
(1) requiring common data formats for the record required to
be maintained under section 304(j) of the Federal Election
Campaign Act of 1971 (as added by subsection (a)) so that all
online platforms submit and maintain data online in a common,
machine-readable and publicly accessible format; and
(2) establishing search interface requirements relating to
such record, including searches by candidate name, issue,
purchaser, and date; and
(3) establishing the criteria for the safe harbor exception
provided under paragraph (6) of section 304(j) of such Act (as
added by subsection (a)).
(c) Reporting.--Not later than 2 years after the date of the
enactment of this Act, and biannually thereafter, the Chairman of the
Federal Election Commission shall submit a report to Congress on--
(1) matters relating to compliance with and the enforcement
of the requirements of section 304(j) of the Federal Election
Campaign Act of 1971, as added by subsection (a);
(2) recommendations for any modifications to such section to
assist in carrying out its purposes; and
(3) identifying ways to bring transparency and accountability
to political advertisements distributed online for free.
SEC. 4209. PREVENTING CONTRIBUTIONS, EXPENDITURES, INDEPENDENT
EXPENDITURES, AND DISBURSEMENTS FOR ELECTIONEERING
COMMUNICATIONS BY FOREIGN NATIONALS IN THE FORM OF
ONLINE ADVERTISING.
Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30121), as amended by section 4101(a)(2) and section 4101(b), is
further amended by adding at the end the following new subsection:
``(e) Responsibilities of Broadcast Stations, Providers of Cable and
Satellite Television, and Online Platforms.--Each television or radio
broadcast station, provider of cable or satellite television, or online
platform (as defined in section 304(j)(3)) shall make reasonable
efforts to ensure that communications described in section 318(a) and
made available by such station, provider, or platform are not purchased
by a foreign national, directly or indirectly.''.
Subtitle D--Stand By Every Ad
SEC. 4301. SHORT TITLE.
This Act may be cited as the ``Stand By Every Ad Act''.
SEC. 4302. STAND BY EVERY AD.
(a) Expanded Disclaimer Requirements for Certain Communications.--
Section 318 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30120), as amended by section 4207(b)(1), is further amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Expanded Disclaimer Requirements for Communications Not
Authorized by Candidates or Committees.--
``(1) In general.--Except as provided in paragraph (6), any
communication described in paragraph (3) of subsection (a)
which is transmitted in an audio or video format (including an
Internet or digital communication), or which is an Internet or
digital communication transmitted in a text or graphic format,
shall include, in addition to the requirements of paragraph (3)
of subsection (a), the following:
``(A) The individual disclosure statement described
in paragraph (2)(A) (if the person paying for the
communication is an individual) or the organizational
disclosure statement described in paragraph (2)(B) (if
the person paying for the communication is not an
individual).
``(B) If the communication is transmitted in a video
format, or is an Internet or digital communication
which is transmitted in a text or graphic format, and
is paid for in whole or in part with a payment which is
treated as a campaign-related disbursement under
section 324--
``(i) the Top Five Funders list (if
applicable); or
``(ii) in the case of a communication which,
as determined on the basis of criteria
established in regulations issued by the
Commission, is of such short duration that
including the Top Five Funders list in the
communication would constitute a hardship to
the person paying for the communication by
requiring a disproportionate amount of the
content of the communication to consist of the
Top Five Funders list, the name of a website
which contains the Top Five Funders list (if
applicable) or, in the case of an Internet or
digital communication, a hyperlink to such
website.
``(C) If the communication is transmitted in an audio
format and is paid for in whole or in part with a
payment which is treated as a campaign-related
disbursement under section 324--
``(i) the Top Two Funders list (if
applicable); or
``(ii) in the case of a communication which,
as determined on the basis of criteria
established in regulations issued by the
Commission, is of such short duration that
including the Top Two Funders list in the
communication would constitute a hardship to
the person paying for the communication by
requiring a disproportionate amount of the
content of the communication to consist of the
Top Two Funders list, the name of a website
which contains the Top Two Funders list (if
applicable).
``(2) Disclosure statements described.--
``(A) Individual disclosure statements.--The
individual disclosure statement described in this
subparagraph is the following: `I am ________, and I
approve this message.', with the blank filled in with
the name of the applicable individual.
``(B) Organizational disclosure statements.--The
organizational disclosure statement described in this
subparagraph is the following: `I am ________, the
________ of ________, and ________ approves this
message.', with--
``(i) the first blank to be filled in with
the name of the applicable individual;
``(ii) the second blank to be filled in with
the title of the applicable individual; and
``(iii) the third and fourth blank each to be
filled in with the name of the organization or
other person paying for the communication.
``(3) Method of conveyance of statement.--
``(A) Communications in text or graphic format.--In
the case of a communication to which this subsection
applies which is transmitted in a text or graphic
format, the disclosure statements required under
paragraph (1) shall appear in letters at least as large
as the majority of the text in the communication.
``(B) Communications transmitted in audio format.--In
the case of a communication to which this subsection
applies which is transmitted in an audio format, the
disclosure statements required under paragraph (1)
shall be made by audio by the applicable individual in
a clear and conspicuous manner.
``(C) Communications transmitted in video format.--In
the case of a communication to which this subsection
applies which is transmitted in a video format, the
information required under paragraph (1)--
``(i) shall appear in writing at the end of
the communication or in a crawl along the
bottom of the communication in a clear and
conspicuous manner, with a reasonable degree of
color contrast between the background and the
printed statement, for a period of at least 6
seconds; and
``(ii) shall also be conveyed by an
unobscured, full-screen view of the applicable
individual or by the applicable individual
making the statement in voice-over accompanied
by a clearly identifiable photograph or similar
image of the individual, except in the case of
a Top Five Funders list.
``(4) Applicable individual defined.--The term `applicable
individual' means, with respect to a communication to which
this subsection applies--
``(A) if the communication is paid for by an
individual, the individual involved;
``(B) if the communication is paid for by a
corporation, the chief executive officer of the
corporation (or, if the corporation does not have a
chief executive officer, the highest ranking official
of the corporation);
``(C) if the communication is paid for by a labor
organization, the highest ranking officer of the labor
organization; and
``(D) if the communication is paid for by any other
person, the highest ranking official of such person.
``(5) Top five funders list and top two funders list
defined.--
``(A) Top five funders list.--The term `Top Five
Funders list' means, with respect to a communication
which is paid for in whole or in part with a campaign-
related disbursement (as defined in section 324), a
list of the five persons who, during the 12-month
period ending on the date of the disbursement, provided
the largest payments of any type in an aggregate amount
equal to or exceeding $10,000 to the person who is
paying for the communication and the amount of the
payments each such person provided. If two or more
people provided the fifth largest of such payments, the
person paying for the communication shall select one of
those persons to be included on the Top Five Funders
list.
``(B) Top two funders list.--The term `Top Two
Funders list' means, with respect to a communication
which is paid for in whole or in part with a campaign-
related disbursement (as defined in section 324), a
list of the persons who, during the 12-month period
ending on the date of the disbursement, provided the
largest and the second largest payments of any type in
an aggregate amount equal to or exceeding $10,000 to
the person who is paying for the communication and the
amount of the payments each such person provided. If
two or more persons provided the second largest of such
payments, the person paying for the communication shall
select one of those persons to be included on the Top
Two Funders list.
``(C) Exclusion of certain payments.--For purposes of
subparagraphs (A) and (B), in determining the amount of
payments made by a person to a person paying for a
communication, there shall be excluded the following:
``(i) Any amounts provided in the ordinary
course of any trade or business conducted by
the person paying for the communication or in
the form of investments in the person paying
for the communication.
``(ii) Any payment which the person
prohibited, in writing, from being used for
campaign-related disbursements, but only if the
person paying for the communication agreed to
follow the prohibition and deposited the
payment in an account which is segregated from
any account used to make campaign-related
disbursements.
``(6) Special rules for certain communications.--
``(A) Exception for communications paid for by
political parties and certain political committees.--
This subsection does not apply to any communication to
which subsection (d)(2) applies.
``(B) Treatment of video communications lasting 10
seconds or less.--In the case of a communication to
which this subsection applies which is transmitted in a
video format, or is an Internet or digital
communication which is transmitted in a text or graphic
format, the communication shall meet the following
requirements:
``(i) The communication shall include the
individual disclosure statement described in
paragraph (2)(A) (if the person paying for the
communication is an individual) or the
organizational disclosure statement described
in paragraph (2)(B) (if the person paying for
the communication is not an individual).
``(ii) The statement described in clause (i)
shall appear in writing at the end of the
communication, or in a crawl along the bottom
of the communication, in a clear and
conspicuous manner, with a reasonable degree of
color contrast between the background and the
printed statement, for a period of at least 4
seconds.
``(iii) The communication shall include, in a
clear and conspicuous manner, a website address
with a landing page which will provide all of
the information described in paragraph (1) with
respect to the communication. Such address
shall appear for the full duration of the
communication.
``(iv) To the extent that the format in which
the communication is made permits the use of a
hyperlink, the communication shall include a
hyperlink to the website address described in
clause (iii).''.
(b) Application of Expanded Requirements to Public Communications
Consisting of Campaign-Related Disbursements.--Section 318(a) of such
Act (52 U.S.C. 30120(a)) is amended by striking ``for the purpose of
financing communications expressly advocating the election or defeat of
a clearly identified candidate'' and inserting ``for a campaign-related
disbursement, as defined in section 324, consisting of a public
communication''.
(c) Exception for Communications Paid for by Political Parties and
Certain Political Committees.--Section 318(d)(2) of such Act (52 U.S.C.
30120(d)(2)) is amended--
(1) in the heading, by striking ``others'' and inserting
``certain political committees'';
(2) by striking ``Any communication'' and inserting ``(A) Any
communication'';
(3) by inserting ``which (except to the extent provided in
subparagraph (B)) is paid for by a political committee
(including a political committee of a political party) and''
after ``subsection (a)'';
(4) by striking ``or other person'' each place it appears;
and
(5) by adding at the end the following new subparagraph:
``(B)(i) This paragraph does not apply to a communication
paid for in whole or in part during a calendar year with a
campaign-related disbursement, but only if the covered
organization making the campaign-related disbursement made
campaign-related disbursements (as defined in section 324)
aggregating more than $10,000 during such calendar year.
``(ii) For purposes of clause (i), in determining the amount
of campaign-related disbursements made by a covered
organization during a year, there shall be excluded the
following:
``(I) Any amounts received by the covered
organization in the ordinary course of any trade or
business conducted by the covered organization or in
the form of investments in the covered organization.
``(II) Any amounts received by the covered
organization from a person who prohibited, in writing,
the organization from using such amounts for campaign-
related disbursements, but only if the covered
organization agreed to follow the prohibition and
deposited the amounts in an account which is segregated
from any account used to make campaign-related
disbursements.''.
SEC. 4303. DISCLAIMER REQUIREMENTS FOR COMMUNICATIONS MADE THROUGH
PRERECORDED TELEPHONE CALLS.
(a) Application of Requirements.--
(1) In general.--Section 318(a) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30120(a)), as amended by
section 4205(c), is amended by inserting after ``public
communication'' each place it appears the following:
``(including a telephone call consisting in substantial part of
a prerecorded audio message)''.
(2) Application to communications subject to expanded
disclaimer requirements.--Section 318(e)(1) of such Act (52
U.S.C. 30120(e)(1)), as added by section 4302(a), is amended in
the matter preceding subparagraph (A) by striking ``which is
transmitted in an audio or video format'' and inserting ``which
is transmitted in an audio or video format or which consists of
a telephone call consisting in substantial part of a
prerecorded audio message''.
(b) Treatment as Communication Transmitted in Audio Format.--
(1) Communications by candidates or authorized persons.--
Section 318(d) of such Act (52 U.S.C. 30120(d)) is amended by
adding at the end the following new paragraph:
``(3) Prerecorded telephone calls.--Any communication
described in paragraph (1), (2), or (3) of subsection (a)
(other than a communication which is subject to subsection (e))
which is a telephone call consisting in substantial part of a
prerecorded audio message shall include, in addition to the
requirements of such paragraph, the audio statement required
under subparagraph (A) of paragraph (1) or the audio statement
required under paragraph (2) (whichever is applicable), except
that the statement shall be made at the beginning of the
telephone call.''.
(2) Communications subject to expanded disclaimer
requirements.--Section 318(e)(3) of such Act (52 U.S.C.
30120(e)(3)), as added by section 4302(a), is amended by adding
at the end the following new subparagraph:
``(D) Prerecorded telephone calls.--In the case of a
communication to which this subsection applies which is
a telephone call consisting in substantial part of a
prerecorded audio message, the communication shall be
considered to be transmitted in an audio format.''.
SEC. 4304. NO EXPANSION OF PERSONS SUBJECT TO DISCLAIMER REQUIREMENTS
ON INTERNET COMMUNICATIONS.
Nothing in this subtitle or the amendments made by this subtitle may
be construed to require any person who is not required under section
318 of the Federal Election Campaign Act of 1971 (as provided under
section 110.11 of title 11 of the Code of Federal Regulations) to
include a disclaimer on communications made by the person through the
internet to include any disclaimer on any such communications.
SEC. 4305. EFFECTIVE DATE.
The amendments made by this subtitle shall apply with respect to
communications made on or after January 1, 2020, and shall take effect
without regard to whether or not the Federal Election Commission has
promulgated regulations to carry out such amendments.
Subtitle E--[Reserved]
Subtitle F--[Reserved]
Subtitle G--[Reserved]
Subtitle H--Limitation and Disclosure Requirements for Presidential
Inaugural Committees
SEC. 4701. SHORT TITLE.
This subtitle may be cited as the ``Presidential Inaugural Committee
Oversight Act''.
SEC. 4702. LIMITATIONS AND DISCLOSURE OF CERTAIN DONATIONS TO, AND
DISBURSEMENTS BY, INAUGURAL COMMITTEES.
(a) Requirements for Inaugural Committees.--Title III of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is amended by
adding at the end the following new section:
``SEC. 325. INAUGURAL COMMITTEES.
``(a) Prohibited Donations.--
``(1) In general.--It shall be unlawful--
``(A) for an Inaugural Committee--
``(i) to solicit, accept, or receive a
donation from a person that is not an
individual; or
``(ii) to solicit, accept, or receive a
donation from a foreign national;
``(B) for a person--
``(i) to make a donation to an Inaugural
Committee in the name of another person, or to
knowingly authorize his or her name to be used
to effect such a donation;
``(ii) to knowingly accept a donation to an
Inaugural Committee made by a person in the
name of another person; or
``(iii) to convert a donation to an Inaugural
Committee to personal use as described in
paragraph (2); and
``(C) for a foreign national to, directly or
indirectly, make a donation, or make an express or
implied promise to make a donation, to an Inaugural
Committee.
``(2) Conversion of donation to personal use.--For purposes
of paragraph (1)(B)(iii), a donation shall be considered to be
converted to personal use if any part of the donated amount is
used to fulfill a commitment, obligation, or expense of a
person that would exist irrespective of the responsibilities of
the Inaugural Committee under chapter 5 of title 36, United
States Code.
``(3) No effect on disbursement of unused funds to nonprofit
organizations.--Nothing in this subsection may be construed to
prohibit an Inaugural Committee from disbursing unused funds to
an organization which is described in section 501(c)(3) of the
Internal Revenue Code of 1986 and is exempt from taxation under
section 501(a) of such Code.
``(b) Limitation on Donations.--
``(1) In general.--It shall be unlawful for an individual to
make donations to an Inaugural Committee which, in the
aggregate, exceed $50,000.
``(2) Indexing.--At the beginning of each Presidential
election year (beginning with 2024), the amount described in
paragraph (1) shall be increased by the cumulative percent
difference determined in section 315(c)(1)(A) since the
previous Presidential election year. If any amount after such
increase is not a multiple of $1,000, such amount shall be
rounded to the nearest multiple of $1,000.
``(c) Disclosure of Certain Donations and Disbursements.--
``(1) Donations over $1,000.--
``(A) In general.--An Inaugural Committee shall file
with the Commission a report disclosing any donation by
an individual to the committee in an amount of $1,000
or more not later than 24 hours after the receipt of
such donation.
``(B) Contents of report.--A report filed under
subparagraph (A) shall contain--
``(i) the amount of the donation;
``(ii) the date the donation is received; and
``(iii) the name and address of the
individual making the donation.
``(2) Final report.--Not later than the date that is 90 days
after the date of the Presidential inaugural ceremony, the
Inaugural Committee shall file with the Commission a report
containing the following information:
``(A) For each donation of money or anything of value
made to the committee in an aggregate amount equal to
or greater than $200--
``(i) the amount of the donation;
``(ii) the date the donation is received; and
``(iii) the name and address of the
individual making the donation.
``(B) The total amount of all disbursements, and all
disbursements in the following categories:
``(i) Disbursements made to meet committee
operating expenses.
``(ii) Repayment of all loans.
``(iii) Donation refunds and other offsets to
donations.
``(iv) Any other disbursements.
``(C) The name and address of each person--
``(i) to whom a disbursement in an aggregate
amount or value in excess of $200 is made by
the committee to meet a committee operating
expense, together with date, amount, and
purpose of such operating expense;
``(ii) who receives a loan repayment from the
committee, together with the date and amount of
such loan repayment;
``(iii) who receives a donation refund or
other offset to donations from the committee,
together with the date and amount of such
disbursement; and
``(iv) to whom any other disbursement in an
aggregate amount or value in excess of $200 is
made by the committee, together with the date
and amount of such disbursement.
``(d) Definitions.--For purposes of this section:
``(1)(A) The term `donation' includes--
``(i) any gift, subscription, loan, advance,
or deposit of money or anything of value made
by any person to the committee; or
``(ii) the payment by any person of
compensation for the personal services of
another person which are rendered to the
committee without charge for any purpose.
``(B) The term `donation' does not include the value
of services provided without compensation by any
individual who volunteers on behalf of the committee.
``(2) The term `foreign national' has the meaning given that
term by section 319(b).
``(3) The term `Inaugural Committee' has the meaning given
that term by section 501 of title 36, United States Code.''.
(b) Confirming Amendment Related to Reporting Requirements.--Section
304 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104) is
amended--
(1) by striking subsection (h); and
(2) by redesignating subsection (i) as subsection (h).
(c) Conforming Amendment Related to Status of Committee.--Section 510
of title 36, United States Code, is amended to read as follows:
``Sec. 510. Disclosure of and prohibition on certain donations
``A committee shall not be considered to be the Inaugural Committee
for purposes of this chapter unless the committee agrees to, and meets,
the requirements of section 325 of the Federal Election Campaign Act of
1971.''.
(d) Effective Date.--The amendments made by this Act shall apply with
respect to Inaugural Committees established under chapter 5 of title
36, United States Code, for inaugurations held in 2021 and any
succeeding year.
Subtitle I--Severability
SEC. 4801. SEVERABILITY.
If any provision of this title or amendment made by this title, or
the application of a provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of this
title and amendments made by this title, and the application of the
provisions and amendment to any person or circumstance, shall not be
affected by the holding.
TITLE V--CAMPAIGN FINANCE EMPOWERMENT
Subtitle A--Findings Relating to Citizens United Decision
Sec. 5001. Findings relating to Citizens United decision.
Subtitle B--Congressional Elections
Sec. 5100. Short title.
Part 1--My Voice Voucher Pilot Program
Sec. 5101. Establishment of pilot program.
Sec. 5102. Voucher program described.
Sec. 5103. Reports.
Sec. 5104. Definitions.
Part 2--Small Dollar Financing of Congressional Election Campaigns
Sec. 5111. Benefits and eligibility requirements for candidates.
``TITLE V--SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS
``Subtitle A--Benefits
``Sec. 501. Benefits for participating candidates.
``Sec. 502. Procedures for making payments.
``Sec. 503. Use of funds.
``Sec. 504. Qualified small dollar contributions described.
``Subtitle B--Eligibility and Certification
``Sec. 511. Eligibility.
``Sec. 512. Qualifying requirements.
``Sec. 513. Certification.
``Subtitle C--Requirements for Candidates Certified as Participating
Candidates
``Sec. 521. Contribution and expenditure requirements.
``Sec. 522. Administration of campaign.
``Sec. 523. Preventing unnecessary spending of public funds.
``Sec. 524. Remitting unspent funds after election.
``Subtitle D--Enhanced Match Support
``Sec. 531. Enhanced support for general election.
``Sec. 532. Eligibility.
``Sec. 533. Amount.
``Sec. 534. Waiver of authority to retain portion of unspent
funds after election.
``Subtitle E--Administrative Provisions
``Sec. 541. Freedom From Influence Fund.
``Sec. 542. Reviews and reports by Government Accountability
Office.
``Sec. 543. Administration by Commission.
``Sec. 544. Violations and penalties.
``Sec. 545. Appeals process.
``Sec. 546. Indexing of amounts.
``Sec. 547. Election cycle defined.
Sec. 5112. Contributions and expenditures by multicandidate and
political party committees on behalf of participating candidates.
Sec. 5113. Prohibiting use of contributions by participating candidates
for purposes other than campaign for election.
Sec. 5114. Effective date.
Subtitle C--Presidential Elections
Sec. 5200. Short title.
Part 1--Primary Elections
Sec. 5201. Increase in and modifications to matching payments.
Sec. 5202. Eligibility requirements for matching payments.
Sec. 5203. Repeal of expenditure limitations.
Sec. 5204. Period of availability of matching payments.
Sec. 5205. Examination and audits of matchable contributions.
Sec. 5206. Modification to limitation on contributions for Presidential
primary candidates.
Sec. 5207. Use of Freedom From Influence Fund as source of payments.
Part 2--General Elections
Sec. 5211. Modification of eligibility requirements for public
financing.
Sec. 5212. Repeal of expenditure limitations and use of qualified
campaign contributions.
Sec. 5213. Matching payments and other modifications to payment
amounts.
Sec. 5214. Increase in limit on coordinated party expenditures.
Sec. 5215. Establishment of uniform date for release of payments.
Sec. 5216. Amounts in Presidential Election Campaign Fund.
Sec. 5217. Use of general election payments for general election legal
and accounting compliance.
Sec. 5218. Use of Freedom From Influence Fund as source of payments.
Part 3--Effective Date
Sec. 5221. Effective date.
Subtitle D--Personal Use Services as Authorized Campaign Expenditures
Sec. 5301. Short title; findings; purpose.
Sec. 5302. Treatment of payments for child care and other personal use
services as authorized campaign expenditure.
Subtitle E--Severability
Sec. 5401. Severability.
Subtitle A--Findings Relating to Citizens United
Decision
SEC. 5001. FINDINGS RELATING TO CITIZENS UNITED
DECISION.
Congress finds the following:
(1) The American Republic was founded on the principle that
all people are created equal, with rights and responsibilities
as citizens to vote, be represented, speak, debate, and
participate in self-government on equal terms regardless of
wealth. To secure these rights and responsibilities, our
Constitution not only protects the equal rights of all
Americans but also provides checks and balances to prevent
corruption and prevent concentrated power and wealth from
undermining effective self-government.
(2) The Supreme Court's decisions in Citizens United v.
Federal Election Commission, 558 U.S. 310 (2010) and McCutcheon
v. FEC, 572 U.S. 185 (2014), as well as other court decisions,
erroneously invalidated even-handed rules about the spending of
money in local, State, and Federal elections. These flawed
decisions have empowered large corporations, extremely wealthy
individuals, and special interests to dominate election
spending, corrupt our politics, and degrade our democracy
through tidal waves of unlimited and anonymous spending. These
decisions also stand in contrast to a long history of efforts
by Congress and the States to regulate money in politics to
protect democracy, and they illustrate a troubling deregulatory
trend in campaign finance-related court decisions.
Additionally, an unknown amount of foreign money continues to
be spent in our political system as subsidiaries of foreign-
based corporations and hostile foreign actors sometimes
connected to nation-States work to influence our elections.
(3) The Supreme Court's misinterpretation of the Constitution
to empower monied interests at the expense of the American
people in elections has seriously eroded over 100 years of
congressional action to promote fairness and protect elections
from the toxic influence of money.
(4) In 1907, Congress passed the Tillman Act in response to
the concentration of corporate power in the post-Civil War
Gilded Age. The Act prohibited corporations from making
contributions in connection with Federal elections, aiming
``not merely to prevent the subversion of the integrity of the
electoral process [but] . . . to sustain the active, alert
responsibility of the individual citizen in a democracy for the
wise conduct of government''.
(5) By 1910, Congress began passing disclosure requirements
and campaign expenditure limits, and dozens of States passed
corrupt practices Acts to prohibit corporate spending in
elections. States also enacted campaign spending limits, and
some States limited the amount that people could contribute to
campaigns.
(6) In 1947, the Taft-Hartley Act prohibited corporations and
unions from making campaign contributions or other expenditures
to influence elections. In 1962, a Presidential commission on
election spending recommended spending limits and incentives to
increase small contributions from more people.
(7) The Federal Election Campaign Act of 1971 (FECA), as
amended in 1974, required disclosure of contributions and
expenditures, imposed contribution and expenditure limits for
individuals and groups, set spending limits for campaigns,
candidates, and groups, implemented a public funding system for
Presidential campaigns, and created the Federal Election
Commission to oversee and enforce the new rules.
(8) In the wake of Citizens United and other damaging Federal
court decisions, Americans have witnessed an explosion of
outside spending in elections. Outside spending increased
nearly 900 percent between the 2008 and 2016 Presidential
election years. Indeed, the 2018 elections once again made
clear the overwhelming political power of wealthy special
interests, to the tune of over $5,000,000,000. And as political
entities adapt to a post- Citizens United, post-McCutcheon
landscape, these trends are getting worse, as evidenced by the
experience in the 2018 midterm congressional elections, where
outside spending more than doubled from the previous midterm
cycle.
(9) The torrent of money flowing into our political system
has a profound effect on the democratic process for everyday
Americans, whose voices and policy preferences are increasingly
being drowned out by those of wealthy special interests. The
more campaign cash from wealthy special interests can flood our
elections, the more policies that favor those interests are
reflected in the national political agenda. When it comes to
policy preferences, our Nation's wealthiest tend to have
fundamentally different views than do average Americans when it
comes to issues ranging from unemployment benefits to the
minimum wage to health care coverage.
(10) The Court has tied the hands of Congress and the States,
severely restricting them from setting reasonable limits on
campaign spending. For example, the Court has held that only
the Government's interest in preventing quid pro quo
corruption, like bribery, or the appearance of such corruption,
can justify limits on campaign contributions. More broadly, the
Court has severely curtailed attempts to reduce the ability of
the Nation's wealthiest and most powerful to skew our democracy
in their favor by buying outsized influence in our elections.
Because this distortion of the Constitution has prevented truly
meaningful regulation or reform of the way we finance elections
in America, a constitutional amendment is needed to achieve a
democracy for all the people.
(11) Since the landmark Citizens United decision, 19 States
and nearly 800 municipalities, including large cities like New
York, Los Angeles, Chicago, and Philadelphia, have gone on
record supporting a constitutional amendment. Transcending
political leanings and geographic location, voters in States
and municipalities across the country that have placed
amendment questions on the ballot have routinely supported
these initiatives by considerably large margins.
(12) At the same time millions of Americans have signed
petitions, marched, called their Members of Congress, written
letters to the editor, and otherwise demonstrated their public
support for a constitutional amendment to overturn Citizens
United that will allow Congress to reign in the outsized
influence of unchecked money in politics. Dozens of
organizations, representing tens of millions of individuals,
have come together in a shared strategy of supporting such an
amendment.
(13) In order to protect the integrity of democracy and the
electoral process and to ensure political equality for all, the
Constitution should be amended so that Congress and the States
may regulate and set limits on the raising and spending of
money to influence elections and may distinguish between
natural persons and artificial entities, like corporations,
that are created by law, including by prohibiting such
artificial entities from spending money to influence elections.
Subtitle B--Congressional Elections
SEC. 5100. SHORT TITLE.
This subtitle may be cited as the ``Government By the People Act of
2019''.
PART 1--MY VOICE VOUCHER PILOT PROGRAM
SEC. 5101. ESTABLISHMENT OF PILOT PROGRAM.
(a) Establishment.--The Federal Election Commission (hereafter in
this part referred to as the ``Commission'') shall establish a pilot
program under which the Commission shall select 3 eligible States to
operate a voucher pilot program which is described in section 5102
during the program operation period.
(b) Eligibility of States.--A State is eligible to be selected to
operate a voucher pilot program under this part if, not later than 180
days after the beginning of the program application period, the State
submits to the Commission an application containing--
(1) information and assurances that the State will operate a
voucher program which contains the elements described in
section 5102(a);
(2) information and assurances that the State will establish
fraud prevention mechanisms described in section 5102(b);
(3) information and assurances that the State will establish
a commission to oversee and implement the program as described
in section 5102(c);
(4) information and assurances that the State will carry out
a public information campaign as described in section 5102(d);
(5) information and assurances that the State will submit
reports as required under section 5103; and
(6) such other information and assurances as the Commission
may require.
(c) Selection of Participating States.--
(1) In general.--Not later than 1 year after the beginning of
the program application period, the Commission shall select the
3 States which will operate voucher pilot programs under this
part.
(2) Criteria.--In selecting States for the operation of the
voucher pilot programs under this part, the Commission shall
apply such criteria and metrics as the Commission considers
appropriate to determine the ability of a State to operate the
program successfully, and shall attempt to select States in a
variety of geographic regions and with a variety of political
party preferences.
(3) No supermajority required for selection.--The selection
of States by the Commission under this subsection shall require
the approval of only half of the Members of the Commission.
(d) Duties of States During Program Preparation Period.--During the
program preparation period, each State selected to operate a voucher
pilot program under this part shall take such actions as may be
necessary to ensure that the State will be ready to operate the program
during the program operation period, and shall complete such actions
not later than 90 days before the beginning of the program operation
period.
(e) Termination.--Each voucher pilot program under this part shall
terminate as of the first day after the program operation period.
(f) Reimbursement of Costs.--
(1) Reimbursement.--Upon receiving the report submitted by a
State under section 5103(a) with respect to an election cycle,
the Commission shall transmit a payment to the State in an
amount equal to the reasonable costs incurred by the State in
operating the voucher pilot program under this part during the
cycle.
(2) Source of funds.--Payments to States under the program
shall be made using amounts in the Freedom From Influence Fund
under section 541 of the Federal Election Campaign Act of 1971
(as added by section 5111), hereafter referred to as the
``Fund''.
(3) Mandatory reduction of payments in case of insufficient
amounts in freedom from influence fund.--
(A) Advance audits by commission.--Not later than 90
days before the first day of each program operation
period, the Commission shall--
(i) audit the Fund to determine whether,
after first making payments to participating
candidates under title V of the Federal
Election Campaign Act of 1971 (as added by
section 5111), the amounts remaining in the
Fund will be sufficient to make payments to
States under this part in the amounts provided
under this subsection; and
(ii) submit a report to Congress describing
the results of the audit.
(B) Reductions in amount of payments.--
(i) Automatic reduction on pro rata basis.--
If, on the basis of the audit described in
subparagraph (A), the Commission determines
that the amount anticipated to be available in
the Fund with respect to an election cycle
involved is not, or may not be, sufficient to
make payments to States under this part in the
full amount provided under this subsection, the
Commission shall reduce each amount which would
otherwise be paid to a State under this
subsection by such pro rata amount as may be
necessary to ensure that the aggregate amount
of payments anticipated to be made with respect
to the cycle will not exceed the amount
anticipated to be available for such payments
in the Fund with respect to such cycle.
(ii) Restoration of reductions in case of
availability of sufficient funds during
election cycle.--If, after reducing the amounts
paid to States with respect to an election
cycle under clause (i), the Commission
determines that there are sufficient amounts in
the Fund to restore the amount by which such
payments were reduced (or any portion thereof),
to the extent that such amounts are available,
the Commission may make a payment on a pro rata
basis to each such State with respect to the
cycle in the amount by which such State's
payments were reduced under clause (i) (or any
portion thereof, as the case may be).
(iii) No use of amounts from other sources.--
In any case in which the Commission determines
that there are insufficient moneys in the Fund
to make payments to States under this part,
moneys shall not be made available from any
other source for the purpose of making such
payments.
(3) Cap on amount of payment.--The aggregate amount of
payments made to any State with respect to any program
operation period may not exceed $10,000,000. If the State
determines that the maximum payment amount under this paragraph
with respect to the program operation period involved is not,
or may not be, sufficient to cover the reasonable costs
incurred by the State in operating the program under this part
for such period, the State shall reduce the amount of the
voucher provided to each qualified individual by such pro rata
amount as may be necessary to ensure that the reasonable costs
incurred by the State in operating the program will not exceed
the amount paid to the State with respect to such period.
SEC. 5102. VOUCHER PROGRAM DESCRIBED.
(a) General Elements of Program.--
(1) Elements described.--The elements of a voucher pilot
program operated by a State under this part are as follows:
(A) The State shall provide each qualified individual
upon the individual's request with a voucher worth $25
to be known as a ``My Voice Voucher'' during the
election cycle which will be assigned a routing number
and which at the option of the individual will be
provided in either paper or electronic form.
(B) Using the routing number assigned to the My Voice
Voucher, the individual may submit the My Voice Voucher
in either electronic or paper form to qualified
candidates for election for the office of
Representative in, or Delegate or Resident Commissioner
to, the Congress and allocate such portion of the value
of the My Voice Voucher in increments of $5 as the
individual may select to any such candidate.
(C) If the candidate transmits the My Voice Voucher
to the Commission, the Commission shall pay the
candidate the portion of the value of the My Voice
Voucher that the individual allocated to the candidate,
which shall be considered a contribution by the
individual to the candidate for purposes of the Federal
Election Campaign Act of 1971.
(2) Designation of qualified individuals.--For purposes of
paragraph (1)(A), a ``qualified individual'' with respect to a
State means an individual--
(A) who is a resident of the State;
(B) who will be of voting age as of the date of the
election for the candidate to whom the individual
submits a My Voice Voucher; and
(C) who is not prohibited under Federal law from
making contributions to candidates for election for
Federal office.
(3) Treatment as contribution to candidate.--For purposes of
the Federal Election Campaign Act of 1971, the submission of a
My Voice Voucher to a candidate by an individual shall be
treated as a contribution to the candidate by the individual in
the amount of the portion of the value of the Voucher that the
individual allocated to the candidate.
(b) Fraud Prevention Mechanism.--In addition to the elements
described in subsection (a), a State operating a voucher pilot program
under this part shall permit an individual to revoke a My Voice Voucher
not later than 2 days after submitting the My Voice Voucher to a
candidate.
(c) Oversight Commission.--In addition to the elements described in
subsection (a), a State operating a voucher pilot program under this
part shall establish a commission or designate an existing entity to
oversee and implement the program in the State, except that no such
commission or entity may be comprised of elected officials.
(d) Public Information Campaign.--In addition to the elements
described in subsection (a), a State operating a voucher pilot program
under this part shall carry out a public information campaign to
disseminate awareness of the program among qualified individuals.
SEC. 5103. REPORTS.
(a) Preliminary Report.--Not later than 6 months after the first
election cycle of the program operation period, a State which operates
a voucher pilot program under this part shall submit a report to the
Commission analyzing the operation and effectiveness of the program
during the cycle and including such other information as the Commission
may require.
(b) Final Report.--Not later than 6 months after the end of the
program operation period, the State shall submit a final report to the
Commission analyzing the operation and effectiveness of the program and
including such other information as the Commission may require.
(c) Report by Commission.--Not later than the end of the first
election cycle which begins after the program operation period, the
Commission shall submit a report to Congress which summarizes and
analyzes the results of the voucher pilot program, and shall include in
the report such recommendations as the Commission considers appropriate
regarding the expansion of the pilot program to all States and
territories, along with such other recommendations and other
information as the Commission considers appropriate.
SEC. 5104. DEFINITIONS.
(a) Election Cycle.--In this part, the term ``election cycle'' means
the period beginning on the day after the date of the most recent
regularly scheduled general election for Federal office and ending on
the date of the next regularly scheduled general election for Federal
office.
(b) Definitions Relating to Periods.--In this part, the following
definitions apply:
(1) Program application period.--The term ``program
application period'' means the first election cycle which
begins after the date of the enactment of this Act.
(2) Program preparation period.--The term ``program
preparation period'' means the first election cycle which
begins after the program application period.
(3) Program operation period.--The term ``program operation
period'' means the first 2 election cycles which begin after
the program preparation period.
PART 2--SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS
SEC. 5111. BENEFITS AND ELIGIBILITY REQUIREMENTS FOR CANDIDATES.
The Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.)
is amended by adding at the end the following:
``TITLE V--SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS
``Subtitle A--Benefits
``SEC. 501. BENEFITS FOR PARTICIPATING CANDIDATES.
``(a) In General.--If a candidate for election to the office of
Representative in, or Delegate or Resident Commissioner to, the
Congress is certified as a participating candidate under this title
with respect to an election for such office, the candidate shall be
entitled to payments as provided under this title.
``(b) Amount of Payment.--The amount of a payment made under this
title shall be equal to 600 percent of the amount of qualified small
dollar contributions received by the candidate since the most recent
payment made to the candidate under this title during the election
cycle, without regard to whether or not the candidate received any of
the contributions before, during, or after the Small Dollar Democracy
qualifying period applicable to the candidate under section 511(c).
``(c) Limit on Aggregate Amount of Payments.--The aggregate amount of
payments made to a participating candidate with respect to an election
cycle under this title may not exceed 50 percent of the average of the
20 greatest amounts of disbursements made by the authorized committees
of any winning candidate for the office of Representative in, or
Delegate or Resident Commissioner to, the Congress during the most
recent election cycle, rounded to the nearest $100,000.
``SEC. 502. PROCEDURES FOR MAKING PAYMENTS.
``(a) In General.--The Commission shall make a payment under section
501 to a candidate who is certified as a participating candidate upon
receipt from the candidate of a request for a payment which includes--
``(1) a statement of the number and amount of qualified small
dollar contributions received by the candidate since the most
recent payment made to the candidate under this title during
the election cycle;
``(2) a statement of the amount of the payment the candidate
anticipates receiving with respect to the request;
``(3) a statement of the total amount of payments the
candidate has received under this title as of the date of the
statement; and
``(4) such other information and assurances as the Commission
may require.
``(b) Restrictions on Submission of Requests.--A candidate may not
submit a request under subsection (a) unless each of the following
applies:
``(1) The amount of the qualified small dollar contributions
in the statement referred to in subsection (a)(1) is equal to
or greater than $5,000, unless the request is submitted during
the 30-day period which ends on the date of a general election.
``(2) The candidate did not receive a payment under this
title during the 7-day period which ends on the date the
candidate submits the request.
``(c) Time of Payment.--The Commission shall, in coordination with
the Secretary of the Treasury, take such steps as may be necessary to
ensure that the Secretary is able to make payments under this section
from the Treasury not later than 2 business days after the receipt of a
request submitted under subsection (a).
``SEC. 503. USE OF FUNDS.
``(a) Use of Funds for Authorized Campaign Expenditures.--A candidate
shall use payments made under this title, including payments provided
with respect to a previous election cycle which are withheld from
remittance to the Commission in accordance with section 524(a)(2), only
for making direct payments for the receipt of goods and services which
constitute authorized expenditures (as determined in accordance with
title III) in connection with the election cycle involved.
``(b) Prohibiting Use of Funds for Legal Expenses, Fines, or
Penalties.--Notwithstanding title III, a candidate may not use payments
made under this title for the payment of expenses incurred in
connection with any action, claim, or other matter before the
Commission or before any court, hearing officer, arbitrator, or other
dispute resolution entity, or for the payment of any fine or civil
monetary penalty.
``SEC. 504. QUALIFIED SMALL DOLLAR CONTRIBUTIONS DESCRIBED.
``(a) In General.--In this title, the term `qualified small dollar
contribution' means, with respect to a candidate and the authorized
committees of a candidate, a contribution that meets the following
requirements:
``(1) The contribution is in an amount that is--
``(A) not less than $1; and
``(B) not more than $200.
``(2)(A) The contribution is made directly by an individual
to the candidate or an authorized committee of the candidate
and is not--
``(i) forwarded from the individual making the
contribution to the candidate or committee by another
person; or
``(ii) received by the candidate or committee with
the knowledge that the contribution was made at the
request, suggestion, or recommendation of another
person.
``(B) In this paragraph--
``(i) the term `person' does not include an
individual (other than an individual described in
section 304(i)(7) of the Federal Election Campaign Act
of 1971), a political committee of a political party,
or any political committee which is not a separate
segregated fund described in section 316(b) of the
Federal Election Campaign Act of 1971 and which does
not make contributions or independent expenditures,
does not engage in lobbying activity under the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1601 et seq.), and is
not established by, controlled by, or affiliated with a
registered lobbyist under such Act, an agent of a
registered lobbyist under such Act, or an organization
which retains or employs a registered lobbyist under
such Act; and
``(ii) a contribution is not `made at the request,
suggestion, or recommendation of another person' solely
on the grounds that the contribution is made in
response to information provided to the individual
making the contribution by any person, so long as the
candidate or authorized committee does not know the
identity of the person who provided the information to
such individual.
``(3) The individual who makes the contribution does not make
contributions to the candidate or the authorized committees of
the candidate with respect to the election involved in an
aggregate amount that exceeds the amount described in paragraph
(1)(B), or any contribution to the candidate or the authorized
committees of the candidate with respect to the election
involved that otherwise is not a qualified small dollar
contribution.
``(b) Treatment of My Voice Vouchers.--Any payment received by a
candidate and the authorized committees of a candidate which consists
of a My Voice Voucher under the Government By the People Act of 2019
shall be considered a qualified small dollar contribution for purposes
of this title, so long as the individual making the payment meets the
requirements of paragraphs (2) and (3) of subsection (a).
``(c) Restriction on Subsequent Contributions.--
``(1) Prohibiting donor from making subsequent nonqualified
contributions during election cycle.--
``(A) In general.--An individual who makes a
qualified small dollar contribution to a candidate or
the authorized committees of a candidate with respect
to an election may not make any subsequent contribution
to such candidate or the authorized committees of such
candidate with respect to the election cycle which is
not a qualified small dollar contribution.
``(B) Exception for contributions to candidates who
voluntarily withdraw from participation during
qualifying period.--Subparagraph (A) does not apply
with respect to a contribution made to a candidate who,
during the Small Dollar Democracy qualifying period
described in section 511(c), submits a statement to the
Commission under section 513(c) to voluntarily withdraw
from participating in the program under this title.
``(2) Treatment of subsequent nonqualified contributions.--
If, notwithstanding the prohibition described in paragraph (1),
an individual who makes a qualified small dollar contribution
to a candidate or the authorized committees of a candidate with
respect to an election makes a subsequent contribution to such
candidate or the authorized committees of such candidate with
respect to the election which is prohibited under paragraph (1)
because it is not a qualified small dollar contribution, the
candidate may take one of the following actions:
``(A) Not later than 2 weeks after receiving the
contribution, the candidate may return the subsequent
contribution to the individual. In the case of a
subsequent contribution which is not a qualified small
dollar contribution because the contribution fails to
meet the requirements of paragraph (3) of subsection
(a) (relating to the aggregate amount of contributions
made to the candidate or the authorized committees of
the candidate by the individual making the
contribution), the candidate may return an amount equal
to the difference between the amount of the subsequent
contribution and the amount described in paragraph
(1)(B) of subsection (a).
``(B) The candidate may retain the subsequent
contribution, so long as not later than 2 weeks after
receiving the subsequent contribution, the candidate
remits to the Commission for deposit in the Freedom
From Influence Fund under section 541 an amount equal
to any payments received by the candidate under this
title which are attributable to the qualified small
dollar contribution made by the individual involved.
``(3) No effect on ability to make multiple contributions.--
Nothing in this section may be construed to prohibit an
individual from making multiple qualified small dollar
contributions to any candidate or any number of candidates, so
long as each contribution meets each of the requirements of
paragraphs (1), (2), and (3) of subsection (a).
``(d) Notification Requirements for Candidates.--
``(1) Notification.--Each authorized committee of a candidate
who seeks to be a participating candidate under this title
shall provide the following information in any materials for
the solicitation of contributions, including any internet site
through which individuals may make contributions to the
committee:
``(A) A statement that if the candidate is certified
as a participating candidate under this title, the
candidate will receive matching payments in an amount
which is based on the total amount of qualified small
dollar contributions received.
``(B) A statement that a contribution which meets the
requirements set forth in subsection (a) shall be
treated as a qualified small dollar contribution under
this title.
``(C) A statement that if a contribution is treated
as qualified small dollar contribution under this
title, the individual who makes the contribution may
not make any contribution to the candidate or the
authorized committees of the candidate during the
election cycle which is not a qualified small dollar
contribution.
``(2) Alternative methods of meeting requirements.--An
authorized committee may meet the requirements of paragraph
(1)--
``(A) by including the information described in
paragraph (1) in the receipt provided under section
512(b)(3) to a person making a qualified small dollar
contribution; or
``(B) by modifying the information it provides to
persons making contributions which is otherwise
required under title III (including information it
provides through the internet).
``Subtitle B--Eligibility and Certification
``SEC. 511. ELIGIBILITY.
``(a) In General.--A candidate for the office of Representative in,
or Delegate or Resident Commissioner to, the Congress is eligible to be
certified as a participating candidate under this title with respect to
an election if the candidate meets the following requirements:
``(1) The candidate files with the Commission a statement of
intent to seek certification as a participating candidate.
``(2) The candidate meets the qualifying requirements of
section 512.
``(3) The candidate files with the Commission a statement
certifying that the authorized committees of the candidate meet
the requirements of section 504(d).
``(4) Not later than the last day of the Small Dollar
Democracy qualifying period, the candidate files with the
Commission an affidavit signed by the candidate and the
treasurer of the candidate's principal campaign committee
declaring that the candidate--
``(A) has complied and, if certified, will comply
with the contribution and expenditure requirements of
section 521;
``(B) if certified, will run only as a participating
candidate for all elections for the office that such
candidate is seeking during that election cycle; and
``(C) has either qualified or will take steps to
qualify under State law to be on the ballot.
``(b) General Election.--Notwithstanding subsection (a), a candidate
shall not be eligible to be certified as a participating candidate
under this title for a general election or a general runoff election
unless the candidate's party nominated the candidate to be placed on
the ballot for the general election or the candidate is otherwise
qualified to be on the ballot under State law.
``(c) Small Dollar Democracy Qualifying Period Defined.--The term
`Small Dollar Democracy qualifying period' means, with respect to any
candidate for an office, the 180-day period (during the election cycle
for such office) which begins on the date on which the candidate files
a statement of intent under section 511(a)(1), except that such period
may not continue after the date that is 30 days before the date of the
general election for the office.
``SEC. 512. QUALIFYING REQUIREMENTS.
``(a) Receipt of Qualified Small Dollar Contributions.--A candidate
for the office of Representative in, or Delegate or Resident
Commissioner to, the Congress meets the requirement of this section if,
during the Small Dollar Democracy qualifying period described in
section 511(c), each of the following occurs:
``(1) Not fewer than 1,000 individuals make a qualified small
dollar contribution to the candidate.
``(2) The candidate obtains a total dollar amount of
qualified small dollar contributions which is equal to or
greater than $50,000.
``(b) Requirements Relating to Receipt of Qualified Small Dollar
Contribution.--Each qualified small dollar contribution--
``(1) may be made by means of a personal check, money order,
debit card, credit card, electronic payment account, or any
other method deemed appropriate by the Commission;
``(2) shall be accompanied by a signed statement (or, in the
case of a contribution made online or through other electronic
means, an electronic equivalent) containing the contributor's
name and address; and
``(3) shall be acknowledged by a receipt that is sent to the
contributor with a copy (in paper or electronic form) kept by
the candidate for the Commission.
``(c) Verification of Contributions.--The Commission shall establish
procedures for the auditing and verification of the contributions
received and expenditures made by participating candidates under this
title, including procedures for random audits, to ensure that such
contributions and expenditures meet the requirements of this title.
``SEC. 513. CERTIFICATION.
``(a) Deadline and Notification.--
``(1) In general.--Not later than 5 business days after a
candidate files an affidavit under section 511(a)(4), the
Commission shall--
``(A) determine whether or not the candidate meets
the requirements for certification as a participating
candidate;
``(B) if the Commission determines that the candidate
meets such requirements, certify the candidate as a
participating candidate; and
``(C) notify the candidate of the Commission's
determination.
``(2) Deemed certification for all elections in election
cycle.--If the Commission certifies a candidate as a
participating candidate with respect to the first election of
the election cycle involved, the Commission shall be deemed to
have certified the candidate as a participating candidate with
respect to all subsequent elections of the election cycle.
``(b) Revocation of Certification.--
``(1) In general.--The Commission shall revoke a
certification under subsection (a) if--
``(A) a candidate fails to qualify to appear on the
ballot at any time after the date of certification
(other than a candidate certified as a participating
candidate with respect to a primary election who fails
to qualify to appear on the ballot for a subsequent
election in that election cycle);
``(B) a candidate ceases to be a candidate for the
office involved, as determined on the basis of an
official announcement by an authorized committee of the
candidate or on the basis of a reasonable determination
by the Commission; or
``(C) a candidate otherwise fails to comply with the
requirements of this title, including any regulatory
requirements prescribed by the Commission.
``(2) Existence of criminal sanction.--The Commission shall
revoke a certification under subsection (a) if a penalty is
assessed against the candidate under section 309(d) with
respect to the election.
``(3) Effect of revocation.--If a candidate's certification
is revoked under this subsection--
``(A) the candidate may not receive payments under
this title during the remainder of the election cycle
involved; and
``(B) in the case of a candidate whose certification
is revoked pursuant to subparagraph (A) or subparagraph
(C) of paragraph (1)--
``(i) the candidate shall repay to the
Freedom From Influence Fund established under
section 541 an amount equal to the payments
received under this title with respect to the
election cycle involved plus interest (at a
rate determined by the Commission on the basis
of an appropriate annual percentage rate for
the month involved) on any such amount
received; and
``(ii) the candidate may not be certified as
a participating candidate under this title with
respect to the next election cycle.
``(4) Prohibiting participation in future elections for
candidates with multiple revocations.--If the Commission
revokes the certification of an individual as a participating
candidate under this title pursuant to subparagraph (A) or
subparagraph (C) of paragraph (1) a total of 3 times, the
individual may not be certified as a participating candidate
under this title with respect to any subsequent election.
``(c) Voluntary Withdrawal From Participating During Qualifying
Period.--At any time during the Small Dollar Democracy qualifying
period described in section 511(c), a candidate may withdraw from
participation in the program under this title by submitting to the
Commission a statement of withdrawal (without regard to whether or not
the Commission has certified the candidate as a participating candidate
under this title as of the time the candidate submits such statement),
so long as the candidate has not submitted a request for payment under
section 502.
``(d) Participating Candidate Defined.--In this title, a
`participating candidate' means a candidate for the office of
Representative in, or Delegate or Resident Commissioner to, the
Congress who is certified under this section as eligible to receive
benefits under this title.
``Subtitle C--Requirements for Candidates Certified as Participating
Candidates
``SEC. 521. CONTRIBUTION AND EXPENDITURE REQUIREMENTS.
``(a) Permitted Sources of Contributions and Expenditures.--Except as
provided in subsection (c), a participating candidate with respect to
an election shall, with respect to all elections occurring during the
election cycle for the office involved, accept no contributions from
any source and make no expenditures from any amounts, other than the
following:
``(1) Qualified small dollar contributions.
``(2) Payments under this title.
``(3) Contributions from political committees established and
maintained by a national or State political party, subject to
the applicable limitations of section 315.
``(4) Subject to subsection (b), personal funds of the
candidate or of any immediate family member of the candidate
(other than funds received through qualified small dollar
contributions).
``(5) Contributions from individuals who are otherwise
permitted to make contributions under this Act, subject to the
applicable limitations of section 315, except that the
aggregate amount of contributions a participating candidate may
accept from any individual with respect to any election during
the election cycle may not exceed $1,000.
``(6) Contributions from multicandidate political committees,
subject to the applicable limitations of section 315.
``(b) Special Rules for Personal Funds.--
``(1) Limit on amount.--A candidate who is certified as a
participating candidate may use personal funds (including
personal funds of any immediate family member of the candidate)
so long as--
``(A) the aggregate amount used with respect to the
election cycle (including any period of the cycle
occurring prior to the candidate's certification as a
participating candidate) does not exceed $50,000; and
``(B) the funds are used only for making direct
payments for the receipt of goods and services which
constitute authorized expenditures in connection with
the election cycle involved.
``(2) Immediate family member defined.--In this subsection,
the term `immediate family member' means, with respect to a
candidate--
``(A) the candidate's spouse;
``(B) a child, stepchild, parent, grandparent,
brother, half-brother, sister, or half-sister of the
candidate or the candidate's spouse; and
``(C) the spouse of any person described in
subparagraph (B).
``(c) Exceptions.--
``(1) Exception for contributions received prior to filing of
statement of intent.--A candidate who has accepted
contributions that are not described in subsection (a) is not
in violation of subsection (a), but only if all such
contributions are--
``(A) returned to the contributor;
``(B) submitted to the Commission for deposit in the
Freedom From Influence Fund established under section
541; or
``(C) spent in accordance with paragraph (2).
``(2) Exception for expenditures made prior to filing of
statement of intent.--If a candidate has made expenditures
prior to the date the candidate files a statement of intent
under section 511(a)(1) that the candidate is prohibited from
making under subsection (a) or subsection (b), the candidate is
not in violation of such subsection if the aggregate amount of
the prohibited expenditures is less than the amount referred to
in section 512(a)(2) (relating to the total dollar amount of
qualified small dollar contributions which the candidate is
required to obtain) which is applicable to the candidate.
``(3) Exception for campaign surpluses from a previous
election.--Notwithstanding paragraph (1), unexpended
contributions received by the candidate or an authorized
committee of the candidate with respect to a previous election
may be retained, but only if the candidate places the funds in
escrow and refrains from raising additional funds for or
spending funds from that account during the election cycle in
which a candidate is a participating candidate.
``(4) Exception for contributions received before the
effective date of this title.--Contributions received and
expenditures made by the candidate or an authorized committee
of the candidate prior to the effective date of this title
shall not constitute a violation of subsection (a) or (b).
Unexpended contributions shall be treated the same as campaign
surpluses under paragraph (3), and expenditures made shall
count against the limit in paragraph (2).
``(d) Special Rule for Coordinated Party Expenditures.--For purposes
of this section, a payment made by a political party in coordination
with a participating candidate shall not be treated as a contribution
to or as an expenditure made by the participating candidate.
``(e) Prohibition on Joint Fundraising Committees.--
``(1) Prohibition.--An authorized committee of a candidate
who is certified as a participating candidate under this title
with respect to an election may not establish a joint
fundraising committee with a political committee other than
another authorized committee of the candidate.
``(2) Status of existing committees for prior elections.--If
a candidate established a joint fundraising committee described
in paragraph (1) with respect to a prior election for which the
candidate was not certified as a participating candidate under
this title and the candidate does not terminate the committee,
the candidate shall not be considered to be in violation of
paragraph (1) so long as that joint fundraising committee does
not receive any contributions or make any disbursements during
the election cycle for which the candidate is certified as a
participating candidate under this title.
``(f) Prohibition on Leadership PACs.--
``(1) Prohibition.--A candidate who is certified as a
participating candidate under this title with respect to an
election may not associate with, establish, finance, maintain,
or control a leadership PAC.
``(2) Status of existing leadership pacs.--If a candidate
established, financed, maintained, or controlled a leadership
PAC prior to being certified as a participating candidate under
this title and the candidate does not terminate the leadership
PAC, the candidate shall not be considered to be in violation
of paragraph (1) so long as the leadership PAC does not receive
any contributions or make any disbursements during the election
cycle for which the candidate is certified as a participating
candidate under this title.
``(3) Leadership pac defined.--In this subsection, the term
`leadership PAC' has the meaning given such term in section
304(i)(8)(B).
``SEC. 522. ADMINISTRATION OF CAMPAIGN.
``(a) Separate Accounting for Various Permitted Contributions.--Each
authorized committee of a candidate certified as a participating
candidate under this title--
``(1) shall provide for separate accounting of each type of
contribution described in section 521(a) which is received by
the committee; and
``(2) shall provide for separate accounting for the payments
received under this title.
``(b) Enhanced Disclosure of Information on Donors.--
``(1) Mandatory identification of individuals making
qualified small dollar contributions.--Each authorized
committee of a participating candidate under this title shall
elect, in accordance with section 304(b)(3)(A), to include in
the reports the committee submits under section 304 the
identification of each person who makes a qualified small
dollar contribution to the committee.
``(2) Mandatory disclosure through internet.--Each authorized
committee of a participating candidate under this title shall
ensure that all information reported to the Commission under
this Act with respect to contributions and expenditures of the
committee is available to the public on the internet (whether
through a site established for purposes of this subsection, a
hyperlink on another public site of the committee, or a
hyperlink on a report filed electronically with the Commission)
in a searchable, sortable, and downloadable manner.
``SEC. 523. PREVENTING UNNECESSARY SPENDING OF PUBLIC FUNDS.
``(a) Mandatory Spending of Available Private Funds.--An authorized
committee of a candidate certified as a participating candidate under
this title may not make any expenditure of any payments received under
this title in any amount unless the committee has made an expenditure
in an equivalent amount of funds received by the committee which are
described in paragraphs (1), (3), (4), (5), and (6) of section 521(a).
``(b) Limitation.--Subsection (a) applies to an authorized committee
only to the extent that the funds referred to in such subsection are
available to the committee at the time the committee makes an
expenditure of a payment received under this title.
``SEC. 524. REMITTING UNSPENT FUNDS AFTER ELECTION.
``(a) Remittance Required.--Not later than the date that is 180 days
after the last election for which a candidate certified as a
participating candidate qualifies to be on the ballot during the
election cycle involved, such participating candidate shall remit to
the Commission for deposit in the Freedom From Influence Fund
established under section 541 an amount equal to the balance of the
payments received under this title by the authorized committees of the
candidate which remain unexpended as of such date.
``(b) Permitting Candidates Participating in Next Election Cycle to
Retain Portion of Unspent Funds.--Notwithstanding subsection (a), a
participating candidate may withhold not more than $100,000 from the
amount required to be remitted under subsection (a) if the candidate
files a signed affidavit with the Commission that the candidate will
seek certification as a participating candidate with respect to the
next election cycle, except that the candidate may not use any portion
of the amount withheld until the candidate is certified as a
participating candidate with respect to that next election cycle. If
the candidate fails to seek certification as a participating candidate
prior to the last day of the Small Dollar Democracy qualifying period
for the next election cycle (as described in section 511), or if the
Commission notifies the candidate of the Commission's determination
does not meet the requirements for certification as a participating
candidate with respect to such cycle, the candidate shall immediately
remit to the Commission the amount withheld.
``Subtitle D--Enhanced Match Support
``SEC. 531. ENHANCED SUPPORT FOR GENERAL ELECTION.
``(a) Availability of Enhanced Support.--In addition to the payments
made under subtitle A, the Commission shall make an additional payment
to an eligible candidate under this subtitle.
``(b) Use of Funds.--A candidate shall use the additional payment
under this subtitle only for authorized expenditures in connection with
the election involved.
``SEC. 532. ELIGIBILITY.
``(a) In General.--A candidate is eligible to receive an additional
payment under this subtitle if the candidate meets each of the
following requirements:
``(1) The candidate is on the ballot for the general election
for the office the candidate seeks.
``(2) The candidate is certified as a participating candidate
under this title with respect to the election.
``(3) During the enhanced support qualifying period, the
candidate receives qualified small dollar contributions in a
total amount of not less than $50,000.
``(4) During the enhanced support qualifying period, the
candidate submits to the Commission a request for the payment
which includes--
``(A) a statement of the number and amount of
qualified small dollar contributions received by the
candidate during the enhanced support qualifying
period;
``(B) a statement of the amount of the payment the
candidate anticipates receiving with respect to the
request; and
``(C) such other information and assurances as the
Commission may require.
``(5) After submitting a request for the additional payment
under paragraph (4), the candidate does not submit any other
application for an additional payment under this subtitle.
``(b) Enhanced Support Qualifying Period Described.--In this
subtitle, the term `enhanced support qualifying period' means, with
respect to a general election, the period which begins 60 days before
the date of the election and ends 14 days before the date of the
election.
``SEC. 533. AMOUNT.
``(a) In General.--Subject to subsection (b), the amount of the
additional payment made to an eligible candidate under this subtitle
shall be an amount equal to 50 percent of--
``(1) the amount of the payment made to the candidate under
section 501(b) with respect to the qualified small dollar
contributions which are received by the candidate during the
enhanced support qualifying period (as included in the request
submitted by the candidate under section 532(a)(4)); or
``(2) in the case of a candidate who is not eligible to
receive a payment under section 501(b) with respect to such
qualified small dollar contributions because the candidate has
reached the limit on the aggregate amount of payments under
subtitle A for the election cycle under section 501(c), the
amount of the payment which would have been made to the
candidate under section 501(b) with respect to such qualified
small dollar contributions if the candidate had not reached
such limit.
``(b) Limit.--The amount of the additional payment determined under
subsection (a) with respect to a candidate may not exceed $500,000.
``(c) No Effect on Aggregate Limit.--The amount of the additional
payment made to a candidate under this subtitle shall not be included
in determining the aggregate amount of payments made to a participating
candidate with respect to an election cycle under section 501(c).
``SEC. 534. WAIVER OF AUTHORITY TO RETAIN PORTION OF UNSPENT FUNDS
AFTER ELECTION.
``Notwithstanding section 524(a)(2), a candidate who receives an
additional payment under this subtitle with respect to an election is
not permitted to withhold any portion from the amount of unspent funds
the candidate is required to remit to the Commission under section
524(a)(1).
``Subtitle E--Administrative Provisions
``SEC. 541. FREEDOM FROM INFLUENCE FUND.
``(a) Establishment.--There is established in the Treasury a fund to
be known as the `Freedom From Influence Fund'.
``(b) Amounts Held by Fund.--The Fund shall consist of the following
amounts:
``(1) Deposits.--Amounts deposited into the Fund under--
``(A) section 521(c)(1)(B) (relating to exceptions to
contribution requirements);
``(B) section 523 (relating to remittance of unused
payments from the Fund); and
``(C) section 544 (relating to violations).
``(2) Investment returns.--Interest on, and the proceeds
from, the sale or redemption of any obligations held by the
Fund under subsection (c).
``(c) Investment.--The Commission shall invest portions of the Fund
in obligations of the United States in the same manner as provided
under section 9602(b) of the Internal Revenue Code of 1986.
``(d) Use of Fund to Make Payments to Participating Candidates.--
``(1) Payments to participating candidates.--Amounts in the
Fund shall be available without further appropriation or fiscal
year limitation to make payments to participating candidates as
provided in this title.
``(2) Mandatory reduction of payments in case of insufficient
amounts in fund.--
``(A) Advance audits by commission.--Not later than
90 days before the first day of each election cycle
(beginning with the first election cycle that begins
after the date of the enactment of this title), the
Commission shall--
``(i) audit the Fund to determine whether the
amounts in the Fund will be sufficient to make
payments to participating candidates in the
amounts provided in this title during such
election cycle; and
``(ii) submit a report to Congress describing
the results of the audit.
``(B) Reductions in amount of payments.--
``(i) Automatic reduction on pro rata
basis.--If, on the basis of the audit described
in subparagraph (A), the Commission determines
that the amount anticipated to be available in
the Fund with respect to the election cycle
involved is not, or may not be, sufficient to
satisfy the full entitlements of participating
candidates to payments under this title for
such election cycle, the Commission shall
reduce each amount which would otherwise be
paid to a participating candidate under this
title by such pro rata amount as may be
necessary to ensure that the aggregate amount
of payments anticipated to be made with respect
to the election cycle will not exceed the
amount anticipated to be available for such
payments in the Fund with respect to such
election cycle.
``(ii) Restoration of reductions in case of
availability of sufficient funds during
election cycle.--If, after reducing the amounts
paid to participating candidates with respect
to an election cycle under clause (i), the
Commission determines that there are sufficient
amounts in the Fund to restore the amount by
which such payments were reduced (or any
portion thereof), to the extent that such
amounts are available, the Commission may make
a payment on a pro rata basis to each such
participating candidate with respect to the
election cycle in the amount by which such
candidate's payments were reduced under clause
(i) (or any portion thereof, as the case may
be).
``(iii) No use of amounts from other
sources.--In any case in which the Commission
determines that there are insufficient moneys
in the Fund to make payments to participating
candidates under this title, moneys shall not
be made available from any other source for the
purpose of making such payments.
``(e) Use of Fund to Make Other Payments.--In addition to the use
described in subsection (d), amounts in the Fund shall be available
without further appropriation or fiscal year limitation--
``(1) to make payments to States under the My Voice Voucher
Program under the Government By the People Act of 2019, subject
to reductions under section 5101(f)(3) of such Act;
``(2) to make payments to candidates under chapter 95 of
subtitle H of the Internal Revenue Code of 1986, subject to
reductions under section 9013(b) of such Code; and
``(3) to make payments to candidates under chapter 96 of
subtitle H of the Internal Revenue Code of 1986, subject to
reductions under section 9043(b) of such Code.
``(f) Effective Date.--This section shall take effect on the date of
the enactment of this title.
``SEC. 542. REVIEWS AND REPORTS BY GOVERNMENT ACCOUNTABILITY OFFICE.
``(a) Review of Small Dollar Financing.--
``(1) In general.--After each regularly scheduled general
election for Federal office, the Comptroller General of the
United States shall conduct a comprehensive review of the Small
Dollar financing program under this title, including--
``(A) the maximum and minimum dollar amounts of
qualified small dollar contributions under section 504;
``(B) the number and value of qualified small dollar
contributions a candidate is required to obtain under
section 512(a) to be eligible for certification as a
participating candidate;
``(C) the maximum amount of payments a candidate may
receive under this title;
``(D) the overall satisfaction of participating
candidates and the American public with the program;
and
``(E) such other matters relating to financing of
campaigns as the Comptroller General determines are
appropriate.
``(2) Criteria for review.--In conducting the review under
subparagraph (A), the Comptroller General shall consider the
following:
``(A) Qualified small dollar contributions.--Whether
the number and dollar amounts of qualified small dollar
contributions required strikes an appropriate balance
regarding the importance of voter involvement, the need
to assure adequate incentives for participating, and
fiscal responsibility, taking into consideration the
number of primary and general election participating
candidates, the electoral performance of those
candidates, program cost, and any other information the
Comptroller General determines is appropriate.
``(B) Review of payment levels.--Whether the totality
of the amount of funds allowed to be raised by
participating candidates (including through qualified
small dollar contributions) and payments under this
title are sufficient for voters in each State to learn
about the candidates to cast an informed vote, taking
into account the historic amount of spending by winning
candidates, media costs, primary election dates, and
any other information the Comptroller General
determines is appropriate.
``(3) Recommendations for adjustment of amounts.--Based on
the review conducted under subparagraph (A), the Comptroller
General may recommend to Congress adjustments of the following
amounts:
``(A) The number and value of qualified small dollar
contributions a candidate is required to obtain under
section 512(a) to be eligible for certification as a
participating candidate.
``(B) The maximum amount of payments a candidate may
receive under this title.
``(b) Reports.--Not later than each June 1 which follows a regularly
scheduled general election for Federal office for which payments were
made under this title, the Comptroller General shall submit to the
Committee on House Administration of the House of Representatives a
report--
``(1) containing an analysis of the review conducted under
subsection (a), including a detailed statement of Comptroller
General's findings, conclusions, and recommendations based on
such review, including any recommendations for adjustments of
amounts described in subsection (a)(3); and
``(2) documenting, evaluating, and making recommendations
relating to the administrative implementation and enforcement
of the provisions of this title.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out the purposes of
this section.
``SEC. 543. ADMINISTRATION BY COMMISSION.
``The Commission shall prescribe regulations to carry out the
purposes of this title, including regulations to establish procedures
for--
``(1) verifying the amount of qualified small dollar
contributions with respect to a candidate;
``(2) effectively and efficiently monitoring and enforcing
the limits on the raising of qualified small dollar
contributions;
``(3) effectively and efficiently monitoring and enforcing
the limits on the use of personal funds by participating
candidates; and
``(4) monitoring the use of allocations from the Freedom From
Influence Fund established under section 541 and matching
contributions under this title through audits of not fewer than
\1/10\ (or, in the case of the first 3 election cycles during
which the program under this title is in effect, not fewer than
\1/3\) of all participating candidates or other mechanisms.
``SEC. 544. VIOLATIONS AND PENALTIES.
``(a) Civil Penalty for Violation of Contribution and Expenditure
Requirements.--If a candidate who has been certified as a participating
candidate accepts a contribution or makes an expenditure that is
prohibited under section 521, the Commission may assess a civil penalty
against the candidate in an amount that is not more than 3 times the
amount of the contribution or expenditure. Any amounts collected under
this subsection shall be deposited into the Freedom From Influence Fund
established under section 541.
``(b) Repayment for Improper Use of Freedom From Influence Fund.--
``(1) In general.--If the Commission determines that any
payment made to a participating candidate was not used as
provided for in this title or that a participating candidate
has violated any of the dates for remission of funds contained
in this title, the Commission shall so notify the candidate and
the candidate shall pay to the Fund an amount equal to--
``(A) the amount of payments so used or not remitted,
as appropriate; and
``(B) interest on any such amounts (at a rate
determined by the Commission).
``(2) Other action not precluded.--Any action by the
Commission in accordance with this subsection shall not
preclude enforcement proceedings by the Commission in
accordance with section 309(a), including a referral by the
Commission to the Attorney General in the case of an apparent
knowing and willful violation of this title.
``(c) Prohibiting Candidates Subject to Criminal Penalty From
Qualifying as Participating Candidates.--A candidate is not eligible to
be certified as a participating candidate under this title with respect
to an election if a penalty has been assessed against the candidate
under section 309(d) with respect to any previous election.
``SEC. 545. APPEALS PROCESS.
``(a) Review of Actions.--Any action by the Commission in carrying
out this title shall be subject to review by the United States Court of
Appeals for the District of Columbia upon petition filed in the Court
not later than 30 days after the Commission takes the action for which
the review is sought.
``(b) Procedures.--The provisions of chapter 7 of title 5, United
States Code, apply to judicial review under this section.
``SEC. 546. INDEXING OF AMOUNTS.
``(a) Indexing.--In any calendar year after 2024, section
315(c)(1)(B) shall apply to each amount described in subsection (b) in
the same manner as such section applies to the limitations established
under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such
section, except that for purposes of applying such section to the
amounts described in subsection (b), the `base period' shall be 2024.
``(b) Amounts Described.--The amounts described in this subsection
are as follows:
``(1) The amount referred to in section 502(b)(1) (relating
to the minimum amount of qualified small dollar contributions
included in a request for payment).
``(2) The amounts referred to in section 504(a)(1) (relating
to the amount of a qualified small dollar contribution).
``(3) The amount referred to in section 512(a)(2) (relating
to the total dollar amount of qualified small dollar
contributions).
``(4) The amount referred to in section 521(a)(5) (relating
to the aggregate amount of contributions a participating
candidate may accept from any individual with respect to an
election).
``(5) The amount referred to in section 521(b)(1)(A)
(relating to the amount of personal funds that may be used by a
candidate who is certified as a participating candidate).
``(6) The amounts referred to in section 524(a)(2) (relating
to the amount of unspent funds a candidate may retain for use
in the next election cycle).
``(7) The amount referred to in section 532(a)(3) (relating
to the total dollar amount of qualified small dollar
contributions for a candidate seeking an additional payment
under subtitle D).
``(8) The amount referred to in section 533(b) (relating to
the limit on the amount of an additional payment made to a
candidate under subtitle D).
``SEC. 547. ELECTION CYCLE DEFINED.
``In this title, the term `election cycle' means, with respect to an
election for an office, the period beginning on the day after the date
of the most recent general election for that office (or, if the general
election resulted in a runoff election, the date of the runoff
election) and ending on the date of the next general election for that
office (or, if the general election resulted in a runoff election, the
date of the runoff election).''.
SEC. 5112. CONTRIBUTIONS AND EXPENDITURES BY MULTICANDIDATE AND
POLITICAL PARTY COMMITTEES ON BEHALF OF
PARTICIPATING CANDIDATES.
(a) Authorizing Contributions Only From Separate Accounts Consisting
of Qualified Small Dollar Contributions.--Section 315(a) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30116(a)) is amended by adding
at the end the following new paragraph:
``(10) In the case of a multicandidate political committee or any
political committee of a political party, the committee may make a
contribution to a candidate who is a participating candidate under
title V with respect to an election only if the contribution is paid
from a separate, segregated account of the committee which consists
solely of contributions which meet the following requirements:
``(A) Each such contribution is in an amount which meets the
requirements for the amount of a qualified small dollar
contribution under section 504(a)(1) with respect to the
election involved.
``(B) Each such contribution is made by an individual who is
not otherwise prohibited from making a contribution under this
Act.
``(C) The individual who makes the contribution does not make
contributions to the committee during the year in an aggregate
amount that exceeds the limit described in section
504(a)(1).''.
(b) Permitting Unlimited Coordinated Expenditures From Small Dollar
Sources by Political Parties.--Section 315(d) of such Act (52 U.S.C.
30116(d)) is amended--
(1) in paragraph (3), by striking ``The national committee''
and inserting ``Except as provided in paragraph (5), the
national committee''; and
(2) by adding at the end the following new paragraph:
``(5) The limits described in paragraph (3) do not apply in the case
of expenditures in connection with the general election campaign of a
candidate for the office of Representative in, or Delegate or Resident
Commissioner to, the Congress who is a participating candidate under
title V with respect to the election, but only if--
``(A) the expenditures are paid from a separate, segregated
account of the committee which is described in subsection
(a)(9); and
``(B) the expenditures are the sole source of funding
provided by the committee to the candidate.''.
SEC. 5113. PROHIBITING USE OF CONTRIBUTIONS BY PARTICIPATING CANDIDATES
FOR PURPOSES OTHER THAN CAMPAIGN FOR ELECTION.
Section 313 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30114) is amended by adding at the end the following new subsection:
``(d) Restrictions on Permitted Uses of Funds by Candidates Receiving
Small Dollar Financing.--Notwithstanding paragraph (2), (3), or (4) of
subsection (a), if a candidate for election for the office of
Representative in, or Delegate or Resident Commissioner to, the
Congress is certified as a participating candidate under title V with
respect to the election, any contribution which the candidate is
permitted to accept under such title may be used only for authorized
expenditures in connection with the candidate's campaign for such
office, subject to section 503(b).''.
SEC. 5114. EFFECTIVE DATE.
(a) In General.--Except as may otherwise be provided in this part and
in the amendments made by this part, this part and the amendments made
by this part shall apply with respect to elections occurring during
2026 or any succeeding year, without regard to whether or not the
Federal Election Commission has promulgated the final regulations
necessary to carry out this part and the amendments made by this part
by the deadline set forth in subsection (b).
(b) Deadline for Regulations.--Not later than June 30, 2024, the
Federal Election Commission shall promulgate such regulations as may be
necessary to carry out this part and the amendments made by this part.
Subtitle C--Presidential Elections
SEC. 5200. SHORT TITLE.
This subtitle may be cited as the ``Empower Act of 2019''.
PART 1--PRIMARY ELECTIONS
SEC. 5201. INCREASE IN AND MODIFICATIONS TO MATCHING PAYMENTS.
(a) Increase and Modification.--
(1) In general.--The first sentence of section 9034(a) of the
Internal Revenue Code of 1986 is amended--
(A) by striking ``an amount equal to the amount of
each contribution'' and inserting ``an amount equal to
600 percent of the amount of each matchable
contribution (disregarding any amount of contributions
from any person to the extent that the total of the
amounts contributed by such person for the election
exceeds $200)''; and
(B) by striking ``authorized committees'' and all
that follows through ``$250'' and inserting
``authorized committees''.
(2) Matchable contributions.--Section 9034 of such Code is
amended--
(A) by striking the last sentence of subsection (a);
and
(B) by adding at the end the following new
subsection:
``(c) Matchable Contribution Defined.--For purposes of this section
and section 9033(b)--
``(1) Matchable contribution.--The term `matchable
contribution' means, with respect to the nomination for
election to the office of President of the United States, a
contribution by an individual to a candidate or an authorized
committee of a candidate with respect to which the candidate
has certified in writing that--
``(A) the individual making such contribution has not
made aggregate contributions (including such matchable
contribution) to such candidate and the authorized
committees of such candidate in excess of $1,000 for
the election;
``(B) such candidate and the authorized committees of
such candidate will not accept contributions from such
individual (including such matchable contribution)
aggregating more than the amount described in
subparagraph (A); and
``(C) such contribution was a direct contribution.
``(2) Contribution.--For purposes of this subsection, the
term `contribution' means a gift of money made by a written
instrument which identifies the individual making the
contribution by full name and mailing address, but does not
include a subscription, loan, advance, or deposit of money, or
anything of value or anything described in subparagraph (B),
(C), or (D) of section 9032(4).
``(3) Direct contribution.--
``(A) In general.--For purposes of this subsection,
the term `direct contribution' means, with respect to a
candidate, a contribution which is made directly by an
individual to the candidate or an authorized committee
of the candidate and is not--
``(i) forwarded from the individual making
the contribution to the candidate or committee
by another person; or
``(ii) received by the candidate or committee
with the knowledge that the contribution was
made at the request, suggestion, or
recommendation of another person.
``(B) Other definitions.--In subparagraph (A)--
``(i) the term `person' does not include an
individual (other than an individual described
in section 304(i)(7) of the Federal Election
Campaign Act of 1971), a political committee of
a political party, or any political committee
which is not a separate segregated fund
described in section 316(b) of the Federal
Election Campaign Act of 1971 and which does
not make contributions or independent
expenditures, does not engage in lobbying
activity under the Lobbying Disclosure Act of
1995 (2 U.S.C. 1601 et seq.), and is not
established by, controlled by, or affiliated
with a registered lobbyist under such Act, an
agent of a registered lobbyist under such Act,
or an organization which retains or employs a
registered lobbyist under such Act; and
``(ii) a contribution is not `made at the
request, suggestion, or recommendation of
another person' solely on the grounds that the
contribution is made in response to information
provided to the individual making the
contribution by any person, so long as the
candidate or authorized committee does not know
the identity of the person who provided the
information to such individual.''.
(3) Conforming amendments.--
(A) Section 9032(4) of such Code is amended by
striking ``section 9034(a)'' and inserting ``section
9034''.
(B) Section 9033(b)(3) of such Code is amended by
striking ``matching contributions'' and inserting
``matchable contributions''.
(b) Modification of Payment Limitation.--Section 9034(a) of such Code
is amended--
(1) by striking ``Every'' and inserting the following:
``(1) In general.--Every'';
(2) by striking ``shall not exceed'' and all that follows and
inserting ``shall not exceed $250,000,000.'', and
(3) by adding at the end the following new paragraph:
``(2) Inflation adjustment.--
``(A) In general.--In the case of any applicable
period beginning after 2029, the dollar amount in
paragraph (1) shall be increased by an amount equal
to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year following the year which such
applicable period begins, determined by
substituting `calendar year 2028' for `calendar
year 1992' in subparagraph (B) thereof.
``(B) Applicable period.--For purposes of this
paragraph, the term `applicable period' means the 4-
year period beginning with the first day following the
date of the general election for the office of
President and ending on the date of the next such
general election.
``(C) Rounding.--If any amount as adjusted under
subparagraph (1) is not a multiple of $10,000, such
amount shall be rounded to the nearest multiple of
$10,000.''.
SEC. 5202. ELIGIBILITY REQUIREMENTS FOR MATCHING PAYMENTS.
(a) Amount of Aggregate Contributions Per State; Disregarding of
Amounts Contributed in Excess of $200.--Section 9033(b)(3) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``$5,000'' and inserting ``$25,000''; and
(2) by striking ``20 States'' and inserting the following:
``20 States (disregarding any amount of contributions from any
such resident to the extent that the total of the amounts
contributed by such resident for the election exceeds $200)''.
(b) Contribution Limit.--
(1) In general.--Paragraph (4) of section 9033(b) of such
Code is amended to read as follows:
``(4) the candidate and the authorized committees of the
candidate will not accept aggregate contributions from any
person with respect to the nomination for election to the
office of President of the United States in excess of $1,000
for the election.''.
(2) Conforming amendments.--
(A) Section 9033(b) of such Code is amended by adding
at the end the following new flush sentence:
``For purposes of paragraph (4), the term `contribution' has the
meaning given such term in section 301(8) of the Federal Election
Campaign Act of 1971.''.
(B) Section 9032(4) of such Code, as amended by
section 5201(a)(3)(A), is amended by inserting ``or
9033(b)'' after ``9034''.
(c) Participation in System for Payments for General Election.--
Section 9033(b) of such Code is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``, and''; and
(3) by inserting after paragraph (4) the following new
paragraph:
``(5) if the candidate is nominated by a political party for
election to the office of President, the candidate will apply
for and accept payments with respect to the general election
for such office in accordance with chapter 95.''.
(d) Prohibition on Joint Fundraising Committees.--Section 9033(b) of
such Code, as amended by subsection (c), is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by inserting after paragraph (5) the following new
paragraph:
``(6) the candidate will not establish a joint fundraising
committee with a political committee other than another
authorized committee of the candidate, except that candidate
established a joint fundraising committee with respect to a
prior election for which the candidate was not eligible to
receive payments under section 9037 and the candidate does not
terminate the committee, the candidate shall not be considered
to be in violation of this paragraph so long as that joint
fundraising committee does not receive any contributions or
make any disbursements during the election cycle for which the
candidate is eligible to receive payments under such
section.''.
SEC. 5203. REPEAL OF EXPENDITURE LIMITATIONS.
(a) In General.--Subsection (a) of section 9035 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(a) Personal Expenditure Limitation.--No candidate shall knowingly
make expenditures from his personal funds, or the personal funds of his
immediate family, in connection with his campaign for nomination for
election to the office of President in excess of, in the aggregate,
$50,000.''.
(b) Conforming Amendment.--Paragraph (1) of section 9033(b) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(1) the candidate will comply with the personal expenditure
limitation under section 9035,''.
SEC. 5204. PERIOD OF AVAILABILITY OF MATCHING PAYMENTS.
Section 9032(6) of the Internal Revenue Code of 1986 is amended by
striking ``the beginning of the calendar year in which a general
election for the office of President of the United States will be
held'' and inserting ``the date that is 6 months prior to the date of
the earliest State primary election''.
SEC. 5205. EXAMINATION AND AUDITS OF MATCHABLE CONTRIBUTIONS.
Section 9038(a) of the Internal Revenue Code of 1986 is amended by
inserting ``and matchable contributions accepted by'' after ``qualified
campaign expenses of''.
SEC. 5206. MODIFICATION TO LIMITATION ON CONTRIBUTIONS FOR PRESIDENTIAL
PRIMARY CANDIDATES.
Section 315(a)(6) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30116(a)(6)) is amended by striking ``calendar year'' and
inserting ``four-year election cycle''.
SEC. 5207. USE OF FREEDOM FROM INFLUENCE FUND AS SOURCE OF PAYMENTS.
(a) In General.--Chapter 96 of subtitle H of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 9043. USE OF FREEDOM FROM INFLUENCE FUND AS SOURCE OF PAYMENTS.
``(a) In General.--Notwithstanding any other provision of this
chapter, effective with respect to the Presidential election held in
2028 and each succeeding Presidential election, all payments made to
candidates under this chapter shall be made from the Freedom From
Influence Fund established under section 541 of the Federal Election
Campaign Act of 1971 (hereafter in this section referred to as the
`Fund').
``(b) Mandatory Reduction of Payments in Case of Insufficient Amounts
in Fund.--
``(1) Advance audits by commission.--Not later than 90 days
before the first day of each Presidential election cycle
(beginning with the cycle for the election held in 2028), the
Commission shall--
``(A) audit the Fund to determine whether, after
first making payments to participating candidates under
title V of the Federal Election Campaign Act of 1971
and then making payments to States under the My Voice
Voucher Program under the Government By the People Act
of 2019, the amounts remaining in the Fund will be
sufficient to make payments to candidates under this
chapter in the amounts provided under this chapter
during such election cycle; and
``(B) submit a report to Congress describing the
results of the audit.
``(2) Reductions in amount of payments.--
``(A) Automatic reduction on pro rata basis.--If, on
the basis of the audit described in paragraph (1), the
Commission determines that the amount anticipated to be
available in the Fund with respect to the Presidential
election cycle involved is not, or may not be,
sufficient to satisfy the full entitlements of
candidates to payments under this chapter for such
cycle, the Commission shall reduce each amount which
would otherwise be paid to a candidate under this
chapter by such pro rata amount as may be necessary to
ensure that the aggregate amount of payments
anticipated to be made with respect to the cycle will
not exceed the amount anticipated to be available for
such payments in the Fund with respect to such cycle.
``(B) Restoration of reductions in case of
availability of sufficient funds during election
cycle.--If, after reducing the amounts paid to
candidates with respect to an election cycle under
subparagraph (A), the Commission determines that there
are sufficient amounts in the Fund to restore the
amount by which such payments were reduced (or any
portion thereof), to the extent that such amounts are
available, the Commission may make a payment on a pro
rata basis to each such candidate with respect to the
election cycle in the amount by which such candidate's
payments were reduced under subparagraph (A) (or any
portion thereof, as the case may be).
``(C) No use of amounts from other sources.--In any
case in which the Commission determines that there are
insufficient moneys in the Fund to make payments to
candidates under this chapter, moneys shall not be made
available from any other source for the purpose of
making such payments.
``(3) No effect on amounts transferred for pediatric research
initiative.--This section does not apply to the transfer of
funds under section 9008(i).
``(4) Presidential election cycle defined.--In this section,
the term `Presidential election cycle' means, with respect to a
Presidential election, the period beginning on the day after
the date of the previous Presidential general election and
ending on the date of the Presidential election.''.
(b) Clerical Amendment.--The table of sections for chapter 96 of
subtitle H of such Code is amended by adding at the end the following
new item:
``Sec. 9043. Use of Freedom From Influence Fund as source of
payments.''.
PART 2--GENERAL ELECTIONS
SEC. 5211. MODIFICATION OF ELIGIBILITY REQUIREMENTS FOR PUBLIC
FINANCING.
Subsection (a) of section 9003 of the Internal Revenue Code of 1986
is amended to read as follows:
``(a) In General.--In order to be eligible to receive any payments
under section 9006, the candidates of a political party in a
Presidential election shall meet the following requirements:
``(1) Participation in primary payment system.--The candidate
for President received payments under chapter 96 for the
campaign for nomination for election to be President.
``(2) Agreements with commission.--The candidates, in
writing--
``(A) agree to obtain and furnish to the Commission
such evidence as it may request of the qualified
campaign expenses of such candidates,
``(B) agree to keep and furnish to the Commission
such records, books, and other information as it may
request, and
``(C) agree to an audit and examination by the
Commission under section 9007 and to pay any amounts
required to be paid under such section.
``(3) Prohibition on joint fundraising committees.--
``(A) Prohibition.--The candidates certifies in
writing that the candidates will not establish a joint
fundraising committee with a political committee other
than another authorized committee of the candidate.
``(B) Status of existing committees for prior
elections.--If a candidate established a joint
fundraising committee described in subparagraph (A)
with respect to a prior election for which the
candidate was not eligible to receive payments under
section 9006 and the candidate does not terminate the
committee, the candidate shall not be considered to be
in violation of subparagraph (A) so long as that joint
fundraising committee does not receive any
contributions or make any disbursements with respect to
the election for which the candidate is eligible to
receive payments under section 9006.''.
SEC. 5212. REPEAL OF EXPENDITURE LIMITATIONS AND USE OF QUALIFIED
CAMPAIGN CONTRIBUTIONS.
(a) Use of Qualified Campaign Contributions Without Expenditure
Limits; Application of Same Requirements for Major, Minor, and New
Parties.--Section 9003 of the Internal Revenue Code of 1986 is amended
by striking subsections (b) and (c) and inserting the following:
``(b) Use of Qualified Campaign Contributions To Defray Expenses.--
``(1) In general.--In order to be eligible to receive any
payments under section 9006, the candidates of a party in a
Presidential election shall certify to the Commission, under
penalty of perjury, that--
``(A) such candidates and their authorized committees
have not and will not accept any contributions to
defray qualified campaign expenses other than--
``(i) qualified campaign contributions, and
``(ii) contributions to the extent necessary
to make up any deficiency payments received out
of the fund on account of the application of
section 9006(c), and
``(B) such candidates and their authorized committees
have not and will not accept any contribution to defray
expenses which would be qualified campaign expenses but
for subparagraph (C) of section 9002(11).
``(2) Timing of certification.--The candidate shall make the
certification required under this subsection at the same time
the candidate makes the certification required under subsection
(a)(3).''.
(b) Definition of Qualified Campaign Contribution.--Section 9002 of
such Code is amended by adding at the end the following new paragraph:
``(13) Qualified campaign contribution.--The term `qualified
campaign contribution' means, with respect to any election for
the office of President of the United States, a contribution
from an individual to a candidate or an authorized committee of
a candidate which--
``(A) does not exceed $1,000 for the election; and
``(B) with respect to which the candidate has
certified in writing that--
``(i) the individual making such contribution
has not made aggregate contributions (including
such qualified contribution) to such candidate
and the authorized committees of such candidate
in excess of the amount described in
subparagraph (A), and
``(ii) such candidate and the authorized
committees of such candidate will not accept
contributions from such individual (including
such qualified contribution) aggregating more
than the amount described in subparagraph (A)
with respect to such election.''.
(c) Conforming Amendments.--
(1) Repeal of expenditure limits.--
(A) In general.--Section 315 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30116) is amended by
striking subsection (b).
(B) Conforming amendments.--Section 315(c) of such
Act (52 U.S.C. 30116(c)) is amended--
(i) in paragraph (1)(B)(i), by striking ``,
(b)''; and
(ii) in paragraph (2)(B)(i), by striking
``subsections (b) and (d)'' and inserting
``subsection (d)''.
(2) Repeal of repayment requirement.--
(A) In general.--Section 9007(b) of the Internal
Revenue Code of 1986 is amended by striking paragraph
(2) and redesignating paragraphs (3), (4), and (5) as
paragraphs (2), (3), and (4), respectively.
(B) Conforming amendment.--Paragraph (2) of section
9007(b) of such Code, as redesignated by subparagraph
(A), is amended--
(i) by striking ``a major party'' and
inserting ``a party'';
(ii) by inserting ``qualified contributions
and'' after ``contributions (other than''; and
(iii) by striking ``(other than qualified
campaign expenses with respect to which payment
is required under paragraph (2))''.
(3) Criminal penalties.--
(A) Repeal of penalty for excess expenses.--Section
9012 of the Internal Revenue Code of 1986 is amended by
striking subsection (a).
(B) Penalty for acceptance of disallowed
contributions; application of same penalty for
candidates of major, minor, and new parties.--
Subsection (b) of section 9012 of such Code is amended
to read as follows:
``(b) Contributions.--
``(1) Acceptance of disallowed contributions.--It shall be
unlawful for an eligible candidate of a party in a Presidential
election or any of his authorized committees knowingly and
willfully to accept--
``(A) any contribution other than a qualified
campaign contribution to defray qualified campaign
expenses, except to the extent necessary to make up any
deficiency in payments received out of the fund on
account of the application of section 9006(c); or
``(B) any contribution to defray expenses which would
be qualified campaign expenses but for subparagraph (C)
of section 9002(11).
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined not more than $5,000, or imprisoned not more than one
year, or both. In the case of a violation by an authorized
committee, any officer or member of such committee who
knowingly and willfully consents to such violation shall be
fined not more than $5,000, or imprisoned not more than one
year, or both.''.
SEC. 5213. MATCHING PAYMENTS AND OTHER MODIFICATIONS TO PAYMENT
AMOUNTS.
(a) In General.--
(1) Amount of payments; application of same amount for
candidates of major, minor, and new parties.--Subsection (a) of
section 9004 of the Internal Revenue Code of 1986 is amended to
read as follows:
``(a) In General.--Subject to the provisions of this chapter, the
eligible candidates of a party in a Presidential election shall be
entitled to equal payment under section 9006 in an amount equal to 600
percent of the amount of each matchable contribution received by such
candidate or by the candidate's authorized committees (disregarding any
amount of contributions from any person to the extent that the total of
the amounts contributed by such person for the election exceeds $200),
except that total amount to which a candidate is entitled under this
paragraph shall not exceed $250,000,000.''.
(2) Repeal of separate limitations for candidates of minor
and new parties; inflation adjustment.--Subsection (b) of
section 9004 of such Code is amended to read as follows:
``(b) Inflation Adjustment.--
``(1) In general.--In the case of any applicable period
beginning after 2029, the $250,000,000 dollar amount in
subsection (a) shall be increased by an amount equal to--
``(A) such dollar amount; multiplied by
``(B) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year following the
year which such applicable period begins, determined by
substituting `calendar year 2028' for `calendar year
1992' in subparagraph (B) thereof.
``(2) Applicable period.--For purposes of this subsection,
the term `applicable period' means the 4-year period beginning
with the first day following the date of the general election
for the office of President and ending on the date of the next
such general election.
``(3) Rounding.--If any amount as adjusted under paragraph
(1) is not a multiple of $10,000, such amount shall be rounded
to the nearest multiple of $10,000.''.
(3) Conforming amendment.--Section 9005(a) of such Code is
amended by adding at the end the following new sentence: ``The
Commission shall make such additional certifications as may be
necessary to receive payments under section 9004.''.
(b) Matchable Contribution.--Section 9002 of such Code, as amended by
section 5212(b), is amended by adding at the end the following new
paragraph:
``(14) Matchable contribution.--The term `matchable
contribution' means, with respect to the election to the office
of President of the United States, a contribution by an
individual to a candidate or an authorized committee of a
candidate with respect to which the candidate has certified in
writing that--
``(A) the individual making such contribution has not
made aggregate contributions (including such matchable
contribution) to such candidate and the authorized
committees of such candidate in excess of $1,000 for
the election;
``(B) such candidate and the authorized committees of
such candidate will not accept contributions from such
individual (including such matchable contribution)
aggregating more than the amount described in
subparagraph (A) with respect to such election; and
``(C) such contribution was a direct contribution (as
defined in section 9034(c)(3)).''.
SEC. 5214. INCREASE IN LIMIT ON COORDINATED PARTY EXPENDITURES.
(a) In General.--Section 315(d)(2) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30116(d)(2)) is amended to read as follows:
``(2)(A) The national committee of a political party may not make any
expenditure in connection with the general election campaign of any
candidate for President of the United States who is affiliated with
such party which exceeds $100,000,000.
``(B) For purposes of this paragraph--
``(i) any expenditure made by or on behalf of a national
committee of a political party and in connection with a
Presidential election shall be considered to be made in
connection with the general election campaign of a candidate
for President of the United States who is affiliated with such
party; and
``(ii) any communication made by or on behalf of such party
shall be considered to be made in connection with the general
election campaign of a candidate for President of the United
States who is affiliated with such party if any portion of the
communication is in connection with such election.
``(C) Any expenditure under this paragraph shall be in addition to
any expenditure by a national committee of a political party serving as
the principal campaign committee of a candidate for the office of
President of the United States.''.
(b) Conforming Amendments Relating to Timing of Cost-of-Living
Adjustment.--
(1) In general.--Section 315(c)(1) of such Act (52 U.S.C.
30116(c)(1)) is amended--
(A) in subparagraph (B), by striking ``(d)'' and
inserting ``(d)(2)''; and
(B) by adding at the end the following new
subparagraph:
``(D) In any calendar year after 2028--
``(i) the dollar amount in subsection (d)(2) shall be
increased by the percent difference determined under
subparagraph (A);
``(ii) the amount so increased shall remain in effect for the
calendar year; and
``(iii) if the amount after adjustment under clause (i) is
not a multiple of $100, such amount shall be rounded to the
nearest multiple of $100.''.
(2) Base year.--Section 315(c)(2)(B) of such Act (52 U.S.C.
30116(c)(2)(B)) is amended--
(A) in clause (i)--
(i) by striking ``(d)'' and inserting
``(d)(3)''; and
(ii) by striking ``and'' at the end;
(B) in clause (ii), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(iii) for purposes of subsection (d)(2), calendar
year 2027.''.
SEC. 5215. ESTABLISHMENT OF UNIFORM DATE FOR RELEASE OF PAYMENTS.
(a) Date for Payments.--
(1) In general.--Section 9006(b) of the Internal Revenue Code
of 1986 is amended to read as follows:
``(b) Payments From the Fund.--If the Secretary of the Treasury
receives a certification from the Commission under section 9005 for
payment to the eligible candidates of a political party, the Secretary
shall pay to such candidates out of the fund the amount certified by
the Commission on the later of--
``(1) the last Friday occurring before the first Monday in
September; or
``(2) 24 hours after receiving the certifications for the
eligible candidates of all major political parties.
Amounts paid to any such candidates shall be under the control of such
candidates.''.
(2) Conforming amendment.--The first sentence of section
9006(c) of such Code is amended by striking ``the time of a
certification by the Commission under section 9005 for
payment'' and inserting ``the time of making a payment under
subsection (b)''.
(b) Time for Certification.--Section 9005(a) of the Internal Revenue
Code of 1986 is amended by striking ``10 days'' and inserting ``24
hours''.
SEC. 5216. AMOUNTS IN PRESIDENTIAL ELECTION CAMPAIGN FUND.
Section 9006(c) of the Internal Revenue Code of 1986 is amended by
adding at the end the following new sentence: ``In making a
determination of whether there are insufficient moneys in the fund for
purposes of the previous sentence, the Secretary shall take into
account in determining the balance of the fund for a Presidential
election year the Secretary's best estimate of the amount of moneys
which will be deposited into the fund during the year, except that the
amount of the estimate may not exceed the average of the annual amounts
deposited in the fund during the previous 3 years.''.
SEC. 5217. USE OF GENERAL ELECTION PAYMENTS FOR GENERAL ELECTION LEGAL
AND ACCOUNTING COMPLIANCE.
Section 9002(11) of the Internal Revenue Code of 1986 is amended by
adding at the end the following new sentence: ``For purposes of
subparagraph (A), an expense incurred by a candidate or authorized
committee for general election legal and accounting compliance purposes
shall be considered to be an expense to further the election of such
candidate.''.
SEC. 5218. USE OF FREEDOM FROM INFLUENCE FUND AS SOURCE OF PAYMENTS.
(a) In General.--Chapter 95 of subtitle H of the Internal Revenue
Code of 1986 is amended by adding at the end the following new section:
``SEC. 9013. USE OF FREEDOM FROM INFLUENCE FUND AS SOURCE OF PAYMENTS.
``(a) In General.--Notwithstanding any other provision of this
chapter, effective with respect to the Presidential election held in
2028 and each succeeding Presidential election, all payments made under
this chapter shall be made from the Freedom From Influence Fund
established under section 541 of the Federal Election Campaign Act of
1971.
``(b) Mandatory Reduction of Payments in Case of Insufficient Amounts
in Fund.--
``(1) Advance audits by commission.--Not later than 90 days
before the first day of each Presidential election cycle
(beginning with the cycle for the election held in 2028), the
Commission shall--
``(A) audit the Fund to determine whether, after
first making payments to participating candidates under
title V of the Federal Election Campaign Act of 1971
and then making payments to States under the My Voice
Voucher Program under the Government By the People Act
of 2019 and then making payments to candidates under
chapter 96, the amounts remaining in the Fund will be
sufficient to make payments to candidates under this
chapter in the amounts provided under this chapter
during such election cycle; and
``(B) submit a report to Congress describing the
results of the audit.
``(2) Reductions in amount of payments.--
``(A) Automatic reduction on pro rata basis.--If, on
the basis of the audit described in paragraph (1), the
Commission determines that the amount anticipated to be
available in the Fund with respect to the Presidential
election cycle involved is not, or may not be,
sufficient to satisfy the full entitlements of
candidates to payments under this chapter for such
cycle, the Commission shall reduce each amount which
would otherwise be paid to a candidate under this
chapter by such pro rata amount as may be necessary to
ensure that the aggregate amount of payments
anticipated to be made with respect to the cycle will
not exceed the amount anticipated to be available for
such payments in the Fund with respect to such cycle.
``(B) Restoration of reductions in case of
availability of sufficient funds during election
cycle.--If, after reducing the amounts paid to
candidates with respect to an election cycle under
subparagraph (A), the Commission determines that there
are sufficient amounts in the Fund to restore the
amount by which such payments were reduced (or any
portion thereof), to the extent that such amounts are
available, the Commission may make a payment on a pro
rata basis to each such candidate with respect to the
election cycle in the amount by which such candidate's
payments were reduced under subparagraph (A) (or any
portion thereof, as the case may be).
``(C) No use of amounts from other sources.--In any
case in which the Commission determines that there are
insufficient moneys in the Fund to make payments to
candidates under this chapter, moneys shall not be made
available from any other source for the purpose of
making such payments.
``(3) No effect on amounts transferred for pediatric research
initiative.--This section does not apply to the transfer of
funds under section 9008(i).
``(4) Presidential election cycle defined.--In this section,
the term `Presidential election cycle' means, with respect to a
Presidential election, the period beginning on the day after
the date of the previous Presidential general election and
ending on the date of the Presidential election.''.
(b) Clerical Amendment.--The table of sections for chapter 95 of
subtitle H of such Code is amended by adding at the end the following
new item:
``Sec. 9013. Use of Freedom From Influence Fund as source of
payments.''.
PART 3--EFFECTIVE DATE
SEC. 5221. EFFECTIVE DATE.
(a) In General.--Except as otherwise provided, this subtitle and the
amendments made by this subtitle shall apply with respect to the
Presidential election held in 2028 and each succeeding Presidential
election, without regard to whether or not the Federal Election
Commission has promulgated the final regulations necessary to carry out
this part and the amendments made by this part by the deadline set
forth in subsection (b).
(b) Deadline for Regulations.--Not later than June 30, 2026, the
Federal Election Commission shall promulgate such regulations as may be
necessary to carry out this part and the amendments made by this part.
Subtitle D--Personal Use Services as Authorized Campaign Expenditures
SEC. 5301. SHORT TITLE; FINDINGS; PURPOSE.
(a) Short Title.--This subtitle may be cited as the ``Help America
Run Act''.
(b) Findings.--Congress finds the following:
(1) Everyday Americans experience barriers to entry before
they can consider running for office to serve their
communities.
(2) Current law states that campaign funds cannot be spent on
everyday expenses that would exist whether or not a candidate
were running for office, like childcare and food. While the law
seems neutral, its actual effect is to privilege the
independently wealthy who want to run, because given the
demands of running for office, candidates who must work to pay
for childcare or to afford health insurance are effectively
being left out of the process, even if they have sufficient
support to mount a viable campaign.
(3) Thus current practice favors those prospective candidates
who do not need to rely on a regular paycheck to make ends
meet. The consequence is that everyday Americans who have
firsthand knowledge of the importance of stable childcare, a
safety net, or great public schools are less likely to get a
seat at the table. This governance by the few is antithetical
to the democratic experiment, but most importantly, when
lawmakers do not share the concerns of everyday Americans,
their policies reflect that.
(4) These circumstances have contributed to a Congress that
does not always reflect everyday Americans. The New York Times
reported in 2019 that fewer than 5 percent of representatives
cite blue-collar or service jobs in their biographies. A 2015
survey by the Center for Responsive Politics showed that the
median net worth of lawmakers was just over $1 million in 2013,
or 18 times the wealth of the typical American household.
(5) These circumstances have also contributed to a governing
body that does not reflect the nation it serves. For instance,
women are 51% of the American population. Yet even with a
record number of women serving in the One Hundred Sixteenth
Congress, the Pew Research Center notes that more than three
out of four Members of this Congress are male. The Center for
American Women And Politics found that one third of women
legislators surveyed had been actively discouraged from running
for office, often by political professionals. This type of
discouragement, combined with the prohibitions on using
campaign funds for domestic needs like childcare, burdens that
still fall disproportionately on American women, particularly
disadvantages working mothers. These barriers may explain why
only 10 women in history have given birth while serving in
Congress, in spite of the prevalence of working parents in
other professions. Yet working mothers and fathers are best
positioned to create policy that reflects the lived experience
of most Americans.
(c) Purpose.--It is the purpose of this subtitle to ensure that all
Americans who are otherwise qualified to serve this Nation are able to
run for office, regardless of their economic status. By expanding
permissible uses of campaign funds and providing modest assurance that
testing a run for office will not cost one's livelihood, the Help
America Run Act will facilitate the candidacy of representatives who
more accurately reflect the experiences, challenges, and ideals of
everyday Americans.
SEC. 5302. TREATMENT OF PAYMENTS FOR CHILD CARE AND OTHER PERSONAL USE
SERVICES AS AUTHORIZED CAMPAIGN EXPENDITURE.
(a) Personal Use Services as Authorized Campaign Expenditures.--
Section 313 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30114), as amended by section 5113, is amended by adding at the end the
following new subsection:
``(e) Treatment of Payments for Child Care and Other Personal Use
Services as Authorized Campaign Expenditure.--
``(1) Authorized expenditures.--For purposes of subsection
(a), the payment by an authorized committee of a candidate for
any of the personal use services described in paragraph (3)
shall be treated as an authorized expenditure if the services
are necessary to enable the participation of the candidate in
campaign-connected activities.
``(2) Limitations.--
``(A) Limit on total amount of payments.--The total
amount of payments made by an authorized committee of a
candidate for personal use services described in
paragraph (3) may not exceed the limit which is
applicable under any law, rule, or regulation on the
amount of payments which may be made by the committee
for the salary of the candidate (without regard to
whether or not the committee makes payments to the
candidate for that purpose).
``(B) Corresponding reduction in amount of salary
paid to candidate.--To the extent that an authorized
committee of a candidate makes payments for the salary
of the candidate, any limit on the amount of such
payments which is applicable under any law, rule, or
regulation shall be reduced by the amount of any
payments made to or on behalf of the candidate for
personal use services described in paragraph (3), other
than personal use services described in subparagraph
(E) of such paragraph.
``(C) Exclusion of candidates who are
officeholders.--Paragraph (1) does not apply with
respect to an authorized committee of a candidate who
is a holder of Federal office.
``(3) Personal use services described.--The personal use
services described in this paragraph are as follows:
``(A) Child care services.
``(B) Elder care services.
``(C) Services similar to the services described in
subparagraph (A) or subparagraph (B) which are provided
on behalf of any dependent who is a qualifying relative
under section 152 of the Internal Revenue Code of 1986.
``(D) Dues, fees, and other expenses required to
maintain an license or similar requirement related to
an individual's profession.
``(E) Costs associated with health insurance
coverage.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
Subtitle E--Severability
SEC. 5401. SEVERABILITY.
If any provision of this title or amendment made by this title, or
the application of a provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of this
title and amendments made by this title, and the application of the
provisions and amendment to any person or circumstance, shall not be
affected by the holding.
TITLE VI--CAMPAIGN FINANCE OVERSIGHT
Subtitle A--Restoring Integrity to America's Elections
Sec. 6001. Short title.
Sec. 6002. Membership of Federal Election Commission.
Sec. 6003. Assignment of powers to Chair of Federal Election
Commission.
Sec. 6004. Revision to enforcement process.
Sec. 6005. Permitting appearance at hearings on requests for advisory
opinions by persons opposing the requests.
Sec. 6006. Permanent extension of administrative penalty authority.
Sec. 6007. Restrictions on ex parte communications.
Sec. 6008. Effective date; transition.
Subtitle B--Stopping Super PAC-Candidate Coordination
Sec. 6101. Short title.
Sec. 6102. Clarification of treatment of coordinated expenditures as
contributions to candidates.
Sec. 6103. Clarification of ban on fundraising for super PACs by
Federal candidates and officeholders.
Subtitle C--Severability
Sec. 6201. Severability.
Subtitle A--Restoring Integrity to America's Elections
SEC. 6001. SHORT TITLE.
This subtitle may be cited as the ``Restoring Integrity to America's
Elections Act''.
SEC. 6002. MEMBERSHIP OF FEDERAL ELECTION COMMISSION.
(a) Reduction in Number of Members; Removal of Secretary of Senate
and Clerk of House as Ex Officio Members.--
(1) In general; quorum.--Section 306(a)(1) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30106(a)(1)) is
amended by striking the second and third sentences and
inserting the following: ``The Commission is composed of 5
members appointed by the President by and with the advice and
consent of the Senate, of whom no more than 2 may be affiliated
with the same political party. A member shall by treated as
affiliated with a political party if the member was affiliated,
including as a registered voter, employee, consultant, donor,
officer, or attorney, with such political party or any of its
candidates or elected public officials at any time during the
5-year period ending on the date on which such individual is
nominated to be a member of the Commission. A majority of the
number of members of the Commission who are serving at the time
shall constitute a quorum, except that 3 members shall
constitute a quorum if there are 4 members serving at the
time.''.
(2) Conforming amendments relating to reduction in number of
members.--(A) The second sentence of section 306(c) of such Act
(52 U.S.C. 30106(c)) is amended by striking ``affirmative vote
of 4 members of the Commission'' and inserting ``affirmative
vote of a majority of the members of the Commission who are
serving at the time''.
(B) Such Act is further amended by striking ``affirmative
vote of 4 of its members'' and inserting ``affirmative vote of
a majority of the members of the Commission who are serving at
the time'' each place it appears in the following sections:
(i) Section 309(a)(2) (52 U.S.C. 30109(a)(2)).
(ii) Section 309(a)(4)(A)(i) (52 U.S.C.
30109(a)(4)(A)(i)).
(iii) Section 309(a)(5)(C) (52 U.S.C.
30109(a)(5)(C)).
(iv) Section 309(a)(6)(A) (52 U.S.C. 30109(a)(6)(A)).
(v) Section 311(b) (52 U.S.C. 30111(b)).
(3) Conforming amendment relating to removal of ex officio
members.--Section 306(a) of such Act (52 U.S.C. 30106(a)) is
amended by striking ``(other than the Secretary of the Senate
and the Clerk of the House of Representatives)'' each place it
appears in paragraphs (4) and (5).
(b) Terms of Service.--Section 306(a)(2) of such Act (52 U.S.C.
30106(a)(2)) is amended to read as follows:
``(2) Terms of service.--
``(A) In general.--Each member of the Commission
shall serve for a single term of 6 years.
``(B) Special rule for initial appointments.--Of the
members first appointed to serve terms that begin in
January 2022, the President shall designate 2 to serve
for a 3-year term.
``(C) No reappointment permitted.--An individual who
served a term as a member of the Commission may not
serve for an additional term, except that--
``(i) an individual who served a 3-year term
under subparagraph (B) may also be appointed to
serve a 6-year term under subparagraph (A); and
``(ii) for purposes of this subparagraph, an
individual who is appointed to fill a vacancy
under subparagraph (D) shall not be considered
to have served a term if the portion of the
unexpired term the individual fills is less
than 50 percent of the period of the term.
``(D) Vacancies.--Any vacancy occurring in the
membership of the Commission shall be filled in the
same manner as in the case of the original appointment.
Except as provided in subparagraph (C), an individual
appointed to fill a vacancy occurring other than by the
expiration of a term of office shall be appointed only
for the unexpired term of the member he or she
succeeds.
``(E) Limitation on service after expiration of
term.--A member of the Commission may continue to serve
on the Commission after the expiration of the member's
term for an additional period, but only until the
earlier of--
``(i) the date on which the member's
successor has taken office as a member of the
Commission; or
``(ii) the expiration of the 1-year period
that begins on the last day of the member's
term.''.
(c) Qualifications.--Section 306(a)(3) of such Act (52 U.S.C.
30106(a)(3)) is amended to read as follows:
``(3) Qualifications.--
``(A) In general.--The President may select an
individual for service as a member of the Commission if
the individual has experience in election law and has a
demonstrated record of integrity, impartiality, and
good judgment.
``(B) Assistance of blue ribbon advisory panel.--
``(i) In general.--Prior to the regularly
scheduled expiration of the term of a member of
the Commission and upon the occurrence of a
vacancy in the membership of the Commission
prior to the expiration of a term, the
President shall convene a Blue Ribbon Advisory
Panel, consisting of an odd number of
individuals selected by the President from
retired Federal judges, former law enforcement
officials, or individuals with experience in
election law, except that the President may not
select any individual to serve on the panel who
holds any public office at the time of
selection.
``(ii) Recommendations.--With respect to each
member of the Commission whose term is expiring
or each vacancy in the membership of the
Commission (as the case may be), the Blue
Ribbon Advisory Panel shall recommend to the
President at least one but not more than 3
individuals for nomination for appointment as a
member of the Commission.
``(iii) Publication.--At the time the
President submits to the Senate the nominations
for individuals to be appointed as members of
the Commission, the President shall publish the
Blue Ribbon Advisory Panel's recommendations
for such nominations.
``(iv) Exemption from federal advisory
committee act.--The Federal Advisory Committee
Act (5 U.S.C. App.) does not apply to a Blue
Ribbon Advisory Panel convened under this
subparagraph.
``(C) Prohibiting engagement with other business or
employment during service.--A member of the Commission
shall not engage in any other business, vocation, or
employment. Any individual who is engaging in any other
business, vocation, or employment at the time of his or
her appointment to the Commission shall terminate or
liquidate such activity no later than 90 days after
such appointment.''.
SEC. 6003. ASSIGNMENT OF POWERS TO CHAIR OF FEDERAL ELECTION
COMMISSION.
(a) Appointment of Chair by President.--
(1) In general.--Section 306(a)(5) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30106(a)(5)) is amended to read
as follows:
``(5) Chair.--
``(A) Initial appointment.--Of the members first
appointed to serve terms that begin in January 2022,
one such member (as designated by the President at the
time the President submits nominations to the Senate)
shall serve as Chair of the Commission.
``(B) Subsequent appointments.--Any individual who is
appointed to succeed the member who serves as Chair of
the Commission for the term beginning in January 2022
(as well as any individual who is appointed to fill a
vacancy if such member does not serve a full term as
Chair) shall serve as Chair of the Commission.
``(C) Vice chair.--The Commission shall select, by
majority vote of its members, one of its members to
serve as Vice Chair, who shall act as Chair in the
absence or disability of the Chair or in the event of a
vacancy in the position of Chair.''.
(2) Conforming amendment.--Section 309(a)(2) of such Act (52
U.S.C. 30109(a)(2)) is amended by striking ``through its
chairman or vice chairman'' and inserting ``through the
Chair''.
(b) Powers.--
(1) Assignment of certain powers to chair.--Section 307(a) of
such Act (52 U.S.C. 30107(a)) is amended to read as follows:
``(a) Distribution of Powers Between Chair and Commission.--
``(1) Powers assigned to chair.--
``(A) Administrative powers.--The Chair of the
Commission shall be the chief administrative officer of
the Commission and shall have the authority to
administer the Commission and its staff, and (in
consultation with the other members of the Commission)
shall have the power--
``(i) to appoint and remove the staff
director of the Commission;
``(ii) to request the assistance (including
personnel and facilities) of other agencies and
departments of the United States, whose heads
may make such assistance available to the
Commission with or without reimbursement; and
``(iii) to prepare and establish the budget
of the Commission and to make budget requests
to the President, the Director of the Office of
Management and Budget, and Congress.
``(B) Other powers.--The Chair of the Commission
shall have the power--
``(i) to appoint and remove the general
counsel of the Commission with the concurrence
of at least 2 other members of the Commission;
``(ii) to require by special or general
orders, any person to submit, under oath, such
written reports and answers to questions as the
Chair may prescribe;
``(iii) to administer oaths or affirmations;
``(iv) to require by subpoena, signed by the
Chair, the attendance and testimony of
witnesses and the production of all documentary
evidence relating to the execution of its
duties;
``(v) in any proceeding or investigation, to
order testimony to be taken by deposition
before any person who is designated by the
Chair, and shall have the power to administer
oaths and, in such instances, to compel
testimony and the production of evidence in the
same manner as authorized under clause (iv);
and
``(vi) to pay witnesses the same fees and
mileage as are paid in like circumstances in
the courts of the United States.
``(2) Powers assigned to commission.--The Commission shall
have the power--
``(A) to initiate (through civil actions for
injunctive, declaratory, or other appropriate relief),
defend (in the case of any civil action brought under
section 309(a)(8) of this Act) or appeal (including a
proceeding before the Supreme Court on certiorari) any
civil action in the name of the Commission to enforce
the provisions of this Act and chapter 95 and chapter
96 of the Internal Revenue Code of 1986, through its
general counsel;
``(B) to render advisory opinions under section 308
of this Act;
``(C) to develop such prescribed forms and to make,
amend, and repeal such rules, pursuant to the
provisions of chapter 5 of title 5, United States Code,
as are necessary to carry out the provisions of this
Act and chapter 95 and chapter 96 of the Internal
Revenue Code of 1986;
``(D) to conduct investigations and hearings
expeditiously, to encourage voluntary compliance, and
to report apparent violations to the appropriate law
enforcement authorities; and
``(E) to transmit to the President and Congress not
later than June 1 of each year a report which states in
detail the activities of the Commission in carrying out
its duties under this Act, and which includes any
recommendations for any legislative or other action the
Commission considers appropriate.
``(3) Permitting commission to exercise other powers of
chair.--With respect to any investigation, action, or
proceeding, the Commission, by an affirmative vote of a
majority of the members who are serving at the time, may
exercise any of the powers of the Chair described in paragraph
(1)(B).''.
(2) Conforming amendments relating to personnel authority.--
Section 306(f) of such Act (52 U.S.C. 30106(f)) is amended--
(A) by amending the first sentence of paragraph (1)
to read as follows: ``The Commission shall have a staff
director who shall be appointed by the Chair of the
Commission in consultation with the other members and a
general counsel who shall be appointed by the Chair
with the concurrence of at least two other members.'';
(B) in paragraph (2), by striking ``With the approval
of the Commission'' and inserting ``With the approval
of the Chair of the Commission''; and
(C) by striking paragraph (3).
(3) Conforming amendment relating to budget submission.--
Section 307(d)(1) of such Act (52 U.S.C. 30107(d)(1)) is
amended by striking ``the Commission submits any budget'' and
inserting ``the Chair (or, pursuant to subsection (a)(3), the
Commission) submits any budget''.
(4) Other conforming amendments.--Section 306(c) of such Act
(52 U.S.C. 30106(c)) is amended by striking ``All decisions''
and inserting ``Subject to section 307(a), all decisions''.
(5) Technical amendment.--The heading of section 307 of such
Act (52 U.S.C. 30107) is amended by striking ``the commission''
and inserting ``the chair and the commission''.
SEC. 6004. REVISION TO ENFORCEMENT PROCESS.
(a) Standard for Initiating Investigations and Determining Whether
Violations Have Occurred.--
(1) Revision of standards.--Section 309(a) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended
by striking paragraphs (2) and (3) and inserting the following:
``(2)(A) The general counsel, upon receiving a complaint filed with
the Commission under paragraph (1) or upon the basis of information
ascertained by the Commission in the normal course of carrying out its
supervisory responsibilities, shall make a determination as to whether
or not there is reason to believe that a person has committed, or is
about to commit, a violation of this Act or chapter 95 or chapter 96 of
the Internal Revenue Code of 1986, and as to whether or not the
Commission should either initiate an investigation of the matter or
that the complaint should be dismissed. The general counsel shall
promptly provide notification to the Commission of such determination
and the reasons therefore, together with any written response submitted
under paragraph (1) by the person alleged to have committed the
violation. Upon the expiration of the 30-day period which begins on the
date the general counsel provides such notification, the general
counsel's determination shall take effect, unless during such 30-day
period the Commission, by vote of a majority of the members of the
Commission who are serving at the time, overrules the general counsel's
determination. If the determination by the general counsel that the
Commission should investigate the matter takes effect, or if the
determination by the general counsel that the complaint should be
dismissed is overruled as provided under the previous sentence, the
general counsel shall initiate an investigation of the matter on behalf
of the Commission.
``(B) If the Commission initiates an investigation pursuant to
subparagraph (A), the Commission, through the Chair, shall notify the
subject of the investigation of the alleged violation. Such
notification shall set forth the factual basis for such alleged
violation. The Commission shall make an investigation of such alleged
violation, which may include a field investigation or audit, in
accordance with the provisions of this section. The general counsel
shall provide notification to the Commission of any intent to issue a
subpoena or conduct any other form of discovery pursuant to the
investigation. Upon the expiration of the 15-day period which begins on
the date the general counsel provides such notification, the general
counsel may issue the subpoena or conduct the discovery, unless during
such 15-day period the Commission, by vote of a majority of the members
of the Commission who are serving at the time, prohibits the general
counsel from issuing the subpoena or conducting the discovery.
``(3)(A) Upon completion of an investigation under paragraph (2), the
general counsel shall promptly submit to the Commission the general
counsel's recommendation that the Commission find either that there is
probable cause or that there is not probable cause to believe that a
person has committed, or is about to commit, a violation of this Act or
chapter 95 or chapter 96 of the Internal Revenue Code of 1986, and
shall include with the recommendation a brief stating the position of
the general counsel on the legal and factual issues of the case.
``(B) At the time the general counsel submits to the Commission the
recommendation under subparagraph (A), the general counsel shall
simultaneously notify the respondent of such recommendation and the
reasons therefore, shall provide the respondent with an opportunity to
submit a brief within 30 days stating the position of the respondent on
the legal and factual issues of the case and replying to the brief of
the general counsel. The general counsel and shall promptly submit such
brief to the Commission upon receipt.
``(C) Not later than 30 days after the general counsel submits the
recommendation to the Commission under subparagraph (A) (or, if the
respondent submits a brief under subparagraph (B), not later than 30
days after the general counsel submits the respondent's brief to the
Commission under such subparagraph), the Commission shall approve or
disapprove the recommendation by vote of a majority of the members of
the Commission who are serving at the time.''.
(2) Conforming amendment relating to initial response to
filing of complaint.--Section 309(a)(1) of such Act (52 U.S.C.
30109(a)(1)) is amended--
(A) in the third sentence, by striking ``the
Commission'' and inserting ``the general counsel''; and
(B) by amending the fourth sentence to read as
follows: ``Not later than 15 days after receiving
notice from the general counsel under the previous
sentence, the person may provide the general counsel
with a written response that no action should be taken
against such person on the basis of the complaint.''.
(b) Revision of Standard for Review of Dismissal of Complaints.--
(1) In general.--Section 309(a)(8) of such Act (52 U.S.C.
30109(a)(8)) is amended to read as follows:
``(8)(A)(i) Any party aggrieved by an order of the Commission
dismissing a complaint filed by such party after finding either no
reason to believe a violation has occurred or no probable cause a
violation has occurred may file a petition with the United States
District Court for the District of Columbia. Any petition under this
subparagraph shall be filed within 60 days after the date on which the
party received notice of the dismissal of the complaint.
``(ii) In any proceeding under this subparagraph, the court shall
determine by de novo review whether the agency's dismissal of the
complaint is contrary to law. In any matter in which the penalty for
the alleged violation is greater than $50,000, the court should
disregard any claim or defense by the Commission of prosecutorial
discretion as a basis for dismissing the complaint.
``(B)(i) Any party who has filed a complaint with the Commission and
who is aggrieved by a failure of the Commission, within one year after
the filing of the complaint, to either dismiss the complaint or to find
reason to believe a violation has occurred or is about to occur, may
file a petition with the United States District Court for the District
of Columbia.
``(ii) In any proceeding under this subparagraph, the court shall
treat the failure to act on the complaint as a dismissal of the
complaint, and shall determine by de novo review whether the agency's
failure to act on the complaint is contrary to law.
``(C) In any proceeding under this paragraph the court may declare
that the dismissal of the complaint or the failure to act is contrary
to law, and may direct the Commission to conform with such declaration
within 30 days, failing which the complainant may bring, in the name of
such complainant, a civil action to remedy the violation involved in
the original complaint.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply--
(A) in the case of complaints which are dismissed by
the Federal Election Commission, with respect to
complaints which are dismissed on or after the date of
the enactment of this Act; and
(B) in the case of complaints upon which the Federal
Election Commission failed to act, with respect to
complaints which were filed on or after the date of the
enactment of this Act.
SEC. 6005. PERMITTING APPEARANCE AT HEARINGS ON REQUESTS FOR ADVISORY
OPINIONS BY PERSONS OPPOSING THE REQUESTS.
(a) In General.--Section 308 of such Act (52 U.S.C. 30108) is amended
by adding at the end the following new subsection:
``(e) To the extent that the Commission provides an opportunity for a
person requesting an advisory opinion under this section (or counsel
for such person) to appear before the Commission to present testimony
in support of the request, and the person (or counsel) accepts such
opportunity, the Commission shall provide a reasonable opportunity for
an interested party who submitted written comments under subsection (d)
in response to the request (or counsel for such interested party) to
appear before the Commission to present testimony in response to the
request.''.
(b) Effective Date.--The amendment made by subsection (a) shall apply
with respect to requests for advisory opinions under section 308 of the
Federal Election Campaign Act of 1971 which are made on or after the
date of the enactment of this Act.
SEC. 6006. PERMANENT EXTENSION OF ADMINISTRATIVE PENALTY AUTHORITY.
(a) Extension of Authority.--Section 309(a)(4)(C)(v) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30109(a)(4)(C)(v)) is amended
by striking ``, and that end on or before December 31, 2023''.
(b) Effective Date.--The amendment made by subsection (a) shall take
effect on December 31, 2018.
SEC. 6007. RESTRICTIONS ON EX PARTE COMMUNICATIONS.
Section 306(e) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30106(e)) is amended--
(1) by striking ``(e) The Commission'' and inserting ``(e)(1)
The Commission''; and
(2) by adding at the end the following new paragraph:
``(2) Members and employees of the Commission shall be subject to
limitations on ex parte communications, as provided in the regulations
promulgated by the Commission regarding such communications which are
in effect on the date of the enactment of this paragraph.''.
SEC. 6008. EFFECTIVE DATE; TRANSITION.
(a) In General.--Except as otherwise provided, the amendments made by
this subtitle shall apply beginning January 1, 2022.
(b) Transition.--
(1) Termination of service of current members.--
Notwithstanding any provision of the Federal Election Campaign
Act of 1971, the term of any individual serving as a member of
the Federal Election Commission as of December 31, 2021, shall
expire on that date.
(2) No effect on existing cases or proceedings.--Nothing in
this subtitle or in any amendment made by this subtitle shall
affect any of the powers exercised by the Federal Election
Commission prior to December 31, 2021, including any
investigation initiated by the Commission prior to such date or
any proceeding (including any enforcement action) pending as of
such date.
Subtitle B--Stopping Super PAC-Candidate Coordination
SEC. 6101. SHORT TITLE.
This subtitle may be cited as the ``Stop Super PAC-Candidate
Coordination Act''.
SEC. 6102. CLARIFICATION OF TREATMENT OF COORDINATED EXPENDITURES AS
CONTRIBUTIONS TO CANDIDATES.
(a) Treatment as Contribution to Candidate.--Section 301(8)(A) of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30101(8)(A)) is
amended--
(1) by striking ``or'' at the end of clause (i);
(2) by striking the period at the end of clause (ii) and
inserting ``; or''; and
(3) by adding at the end the following new clause:
``(iii) any payment made by any person (other than a
candidate, an authorized committee of a candidate, or a
political committee of a political party) for a
coordinated expenditure (as such term is defined in
section 326) which is not otherwise treated as a
contribution under clause (i) or clause (ii).''.
(b) Definitions.--Title III of such Act (52 U.S.C. 30101 et seq.), as
amended by section 4702(a), is amended by adding at the end the
following new section:
``SEC. 326. PAYMENTS FOR COORDINATED EXPENDITURES.
``(a) Coordinated Expenditures.--
``(1) In general.--For purposes of section 301(8)(A)(iii),
the term `coordinated expenditure' means--
``(A) any expenditure, or any payment for a covered
communication described in subsection (d), which is
made in cooperation, consultation, or concert with, or
at the request or suggestion of, a candidate, an
authorized committee of a candidate, a political
committee of a political party, or agents of the
candidate or committee, as defined in subsection (b);
or
``(B) any payment for any communication which
republishes, disseminates, or distributes, in whole or
in part, any video or broadcast or any written,
graphic, or other form of campaign material prepared by
the candidate or committee or by agents of the
candidate or committee (including any excerpt or use of
any video from any such broadcast or written, graphic,
or other form of campaign material).
``(2) Exception for payments for certain communications.--A
payment for a communication (including a covered communication
described in subsection (d)) shall not be treated as a
coordinated expenditure under this subsection if--
``(A) the communication appears in a news story,
commentary, or editorial distributed through the
facilities of any broadcasting station, newspaper,
magazine, or other periodical publication, unless such
facilities are owned or controlled by any political
party, political committee, or candidate; or
``(B) the communication constitutes a candidate
debate or forum conducted pursuant to regulations
adopted by the Commission pursuant to section
304(f)(3)(B)(iii), or which solely promotes such a
debate or forum and is made by or on behalf of the
person sponsoring the debate or forum.
``(b) Coordination Described.--
``(1) In general.--For purposes of this section, a payment is
made `in cooperation, consultation, or concert with, or at the
request or suggestion of,' a candidate, an authorized committee
of a candidate, a political committee of a political party, or
agents of the candidate or committee, if the payment, or any
communication for which the payment is made, is not made
entirely independently of the candidate, committee, or agents.
For purposes of the previous sentence, a payment or
communication not made entirely independently of the candidate
or committee includes any payment or communication made
pursuant to any general or particular understanding with, or
pursuant to any communication with, the candidate, committee,
or agents about the payment or communication.
``(2) No finding of coordination based solely on sharing of
information regarding legislative or policy position.--For
purposes of this section, a payment shall not be considered to
be made by a person in cooperation, consultation, or concert
with, or at the request or suggestion of, a candidate or
committee, solely on the grounds that the person or the
person's agent engaged in discussions with the candidate or
committee, or with any agent of the candidate or committee,
regarding that person's position on a legislative or policy
matter (including urging the candidate or committee to adopt
that person's position), so long as there is no communication
between the person and the candidate or committee, or any agent
of the candidate or committee, regarding the candidate's or
committee's campaign advertising, message, strategy, policy,
polling, allocation of resources, fundraising, or other
campaign activities.
``(3) No effect on party coordination standard.--Nothing in
this section shall be construed to affect the determination of
coordination between a candidate and a political committee of a
political party for purposes of section 315(d).
``(4) No safe harbor for use of firewall.--A person shall be
determined to have made a payment in cooperation, consultation,
or concert with, or at the request or suggestion of, a
candidate or committee, in accordance with this section without
regard to whether or not the person established and used a
firewall or similar procedures to restrict the sharing of
information between individuals who are employed by or who are
serving as agents for the person making the payment.
``(c) Payments by Coordinated Spenders for Covered Communications.--
``(1) Payments made in cooperation, consultation, or concert
with candidates.--For purposes of subsection (a)(1)(A), if the
person who makes a payment for a covered communication, as
defined in subsection (d), is a coordinated spender under
paragraph (2) with respect to the candidate as described in
subsection (d)(1), the payment for the covered communication is
made in cooperation, consultation, or concert with the
candidate.
``(2) Coordinated spender defined.--For purposes of this
subsection, the term `coordinated spender' means, with respect
to a candidate or an authorized committee of a candidate, a
person (other than a political committee of a political party)
for which any of the following applies:
``(A) During the 4-year period ending on the date on
which the person makes the payment, the person was
directly or indirectly formed or established by or at
the request or suggestion of, or with the encouragement
of, the candidate (including an individual who later
becomes a candidate) or committee or agents of the
candidate or committee, including with the approval of
the candidate or committee or agents of the candidate
or committee.
``(B) The candidate or committee or any agent of the
candidate or committee solicits funds, appears at a
fundraising event, or engages in other fundraising
activity on the person's behalf during the election
cycle involved, including by providing the person with
names of potential donors or other lists to be used by
the person in engaging in fundraising activity,
regardless of whether the person pays fair market value
for the names or lists provided. For purposes of this
subparagraph, the term `election cycle' means, with
respect to an election for Federal office, the period
beginning on the day after the date of the most recent
general election for that office (or, if the general
election resulted in a runoff election, the date of the
runoff election) and ending on the date of the next
general election for that office (or, if the general
election resulted in a runoff election, the date of the
runoff election).
``(C) The person is established, directed, or managed
by the candidate or committee or by any person who,
during the 4-year period ending on the date on which
the person makes the payment, has been employed or
retained as a political, campaign media, or fundraising
adviser or consultant for the candidate or committee or
for any other entity directly or indirectly controlled
by the candidate or committee, or has held a formal
position with the candidate or committee (including a
position as an employee of the office of the candidate
at any time the candidate held any Federal, State, or
local public office during the 4-year period).
``(D) The person has retained the professional
services of any person who, during the 2-year period
ending on the date on which the person makes the
payment, has provided or is providing professional
services relating to the campaign to the candidate or
committee, without regard to whether the person
providing the professional services used a firewall.
For purposes of this subparagraph, the term
`professional services' includes any services in
support of the candidate's or committee's campaign
activities, including advertising, message, strategy,
policy, polling, allocation of resources, fundraising,
and campaign operations, but does not include
accounting or legal services.
``(E) The person is established, directed, or managed
by a member of the immediate family of the candidate,
or the person or any officer or agent of the person has
had more than incidental discussions about the
candidate's campaign with a member of the immediate
family of the candidate. For purposes of this
subparagraph, the term `immediate family' has the
meaning given such term in section 9004(e) of the
Internal Revenue Code of 1986.
``(d) Covered Communication Defined.--
``(1) In general.--For purposes of this section, the term
`covered communication' means, with respect to a candidate or
an authorized committee of a candidate, a public communication
(as defined in section 301(22)) which--
``(A) expressly advocates the election of the
candidate or the defeat of an opponent of the candidate
(or contains the functional equivalent of express
advocacy);
``(B) promotes or supports the election of the
candidate, or attacks or opposes the election of an
opponent of the candidate (regardless of whether the
communication expressly advocates the election or
defeat of a candidate or contains the functional
equivalent of express advocacy); or
``(C) refers to the candidate or an opponent of the
candidate but is not described in subparagraph (A) or
subparagraph (B), but only if the communication is
disseminated during the applicable election period.
``(2) Applicable election period.--In paragraph (1)(C), the
`applicable election period' with respect to a communication
means--
``(A) in the case of a communication which refers to
a candidate in a general, special, or runoff election,
the 120-day period which ends on the date of the
election; or
``(B) in the case of a communication which refers to
a candidate in a primary or preference election, or
convention or caucus of a political party that has
authority to nominate a candidate, the 60-day period
which ends on the date of the election or convention or
caucus.
``(3) Special rules for communications involving
congressional candidates.--For purposes of this subsection, a
public communication shall not be considered to be a covered
communication with respect to a candidate for election for an
office other than the office of President or Vice President
unless it is publicly disseminated or distributed in the
jurisdiction of the office the candidate is seeking.
``(e) Penalty.--
``(1) Determination of amount.--Any person who knowingly and
willfully commits a violation of this Act by making a
contribution which consists of a payment for a coordinated
expenditure shall be fined an amount equal to the greater of--
``(A) in the case of a person who makes a
contribution which consists of a payment for a
coordinated expenditure in an amount exceeding the
applicable contribution limit under this Act, 300
percent of the amount by which the amount of the
payment made by the person exceeds such applicable
contribution limit; or
``(B) in the case of a person who is prohibited under
this Act from making a contribution in any amount, 300
percent of the amount of the payment made by the person
for the coordinated expenditure.
``(2) Joint and several liability.--Any director, manager, or
officer of a person who is subject to a penalty under paragraph
(1) shall be jointly and severally liable for any amount of
such penalty that is not paid by the person prior to the
expiration of the 1-year period which begins on the date the
Commission imposes the penalty or the 1-year period which
begins on the date of the final judgment following any judicial
review of the Commission's action, whichever is later.''.
(c) Effective Date.--
(1) Repeal of existing regulations on coordination.--
Effective upon the expiration of the 90-day period which begins
on the date of the enactment of this Act--
(A) the regulations on coordinated communications
adopted by the Federal Election Commission which are in
effect on the date of the enactment of this Act (as set
forth in 11 CFR Part 109, Subpart C, under the heading
``Coordination'') are repealed; and
(B) the Federal Election Commission shall promulgate
new regulations on coordinated communications which
reflect the amendments made by this Act.
(2) Effective date.--The amendments made by this section
shall apply with respect to payments made on or after the
expiration of the 120-day period which begins on the date of
the enactment of this Act, without regard to whether or not the
Federal Election Commission has promulgated regulations in
accordance with paragraph (1)(B) as of the expiration of such
period.
SEC. 6103. CLARIFICATION OF BAN ON FUNDRAISING FOR SUPER PACS BY
FEDERAL CANDIDATES AND OFFICEHOLDERS.
(a) In General.--Section 323(e)(1) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30125(e)(1)) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B) and
inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(C) solicit, receive, direct, or transfer funds to
or on behalf of any political committee which accepts
donations or contributions that do not comply with the
limitations, prohibitions, and reporting requirements
of this Act (or to or on behalf of any account of a
political committee which is established for the
purpose of accepting such donations or contributions),
or to or on behalf of any political organization under
section 527 of the Internal Revenue Code of 1986 which
accepts such donations or contributions (other than a
committee of a State or local political party or a
candidate for election for State or local office).''.
(b) Effective Date.--The amendment made by subsection (a) shall apply
with respect to elections occurring after January 1, 2020.
Subtitle C--Severability
SEC. 6201. SEVERABILITY.
If any provision of this title or amendment made by this title, or
the application of a provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of this
title and amendments made by this title, and the application of the
provisions and amendment to any person or circumstance, shall not be
affected by the holding.
DIVISION C--ETHICS
TITLE VII--[RESERVED]
TITLE VIII--[RESERVED]
TITLE IX--CONGRESSIONAL ETHICS REFORM
Subtitle A--Requiring Members of Congress to Reimburse Treasury for
Amounts Paid as Settlements and Awards Under Congressional
Accountability Act of 1995
Sec. 9001. Requiring Members of Congress to reimburse Treasury for
amounts paid as settlements and awards under Congressional
Accountability Act of 1995 in all cases of employment discrimination
acts by Members.
Subtitle B--Conflicts of Interests
Sec. 9101. [Reserved].
Sec. 9102. Conflict of interest rules for Members of Congress and
congressional staff.
Sec. 9103. Exercise of rulemaking powers.
Subtitle C--Campaign Finance and Lobbying Disclosure
Sec. 9201. Short title.
Sec. 9202. Requiring disclosure in certain reports filed with Federal
Election Commission of persons who are registered lobbyists.
Sec. 9203. Effective date.
Subtitle D--Access to Congressionally Mandated Reports
Sec. 9301. Short title.
Sec. 9302. Definitions.
Sec. 9303. Establishment of online portal for congressionally mandated
reports.
Sec. 9304. Federal agency responsibilities.
Sec. 9305. Removing and altering reports.
Sec. 9306. Relationship to the Freedom of Information Act.
Sec. 9307. Implementation.
Subtitle E--Severability
Sec. 9401. Severability.
Subtitle A--Requiring Members of Congress to Reimburse Treasury for
Amounts Paid as Settlements and Awards Under Congressional
Accountability Act of 1995
SEC. 9001. REQUIRING MEMBERS OF CONGRESS TO REIMBURSE TREASURY FOR
AMOUNTS PAID AS SETTLEMENTS AND AWARDS UNDER
CONGRESSIONAL ACCOUNTABILITY ACT OF 1995 IN ALL
CASES OF EMPLOYMENT DISCRIMINATION ACTS BY MEMBERS.
(a) Requiring Reimbursement.--Clause (i) of section 415(d)(1)(C) of
the Congressional Accountability Act of 1995 (2 U.S.C. 1415(d)(1)(C)),
as amended by section 111(a) of the Congressional Accountability Act of
1995 Reform Act, is amended to read as follows:
``(i) a violation of section 201(a) or
section 206(a); or''.
(b) Conforming Amendment Relating to Notification of Possibility of
Reimbursement.--Clause (i) of section 402(b)(2)(B) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1402(b)(2)(B)), as amended by
section 102(a) of the Congressional Accountability Act of 1995 Reform
Act, is amended to read as follows:
``(i) a violation of section 201(a) or
section 206(a); or''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the Congressional
Accountability Act of 1995 Reform Act.
Subtitle B--Conflicts of Interests
SEC. 9101. [RESERVED].
SEC. 9102. CONFLICT OF INTEREST RULES FOR MEMBERS OF CONGRESS AND
CONGRESSIONAL STAFF.
No Member, officer, or employee of a committee or Member of either
House of Congress may knowingly use his or her official position to
introduce or aid the progress or passage of legislation, a principal
purpose of which is to further only his or her pecuniary interest, only
the pecuniary interest of his or her immediate family, or only the
pecuniary interest of a limited class of persons or enterprises, when
he or she, or his or her immediate family, or enterprises controlled by
them, are members of the affected class.
SEC. 9103. EXERCISE OF RULEMAKING POWERS.
The provisions of this subtitle are enacted by the Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such they
shall be considered as part of the rules of each House,
respectively, or of that House to which they specifically
apply, and such rules shall supersede other rules only to the
extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of
either House to change such rules (so far as relating to such
House) at any time, in the same manner, and to the same extent
as in the case of any other rule of such House.
Subtitle C--Campaign Finance and Lobbying Disclosure
SEC. 9201. SHORT TITLE.
This subtitle may be cited as the ``Connecting Lobbyists and Electeds
for Accountability and Reform Act'' or the ``CLEAR Act''.
SEC. 9202. REQUIRING DISCLOSURE IN CERTAIN REPORTS FILED WITH FEDERAL
ELECTION COMMISSION OF PERSONS WHO ARE REGISTERED
LOBBYISTS.
(a) Reports Filed by Political Committees.--Section 304(b) of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30104(b)) is amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(9) if any person identified in subparagraph (A), (E), (F),
or (G) of paragraph (3) is a registered lobbyist under the
Lobbying Disclosure Act of 1995, a separate statement that such
person is a registered lobbyist under such Act.''.
(b) Reports Filed by Persons Making Independent Expenditures.--
Section 304(c)(2) of such Act (52 U.S.C. 30104(c)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (B);
(2) by striking the period at the end of subparagraph (C) and
inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(D) if the person filing the statement, or a person whose
identification is required to be disclosed under subparagraph
(C), is a registered lobbyist under the Lobbying Disclosure Act
of 1995, a separate statement that such person is a registered
lobbyist under such Act.''.
(c) Reports Filed by Persons Making Disbursements for Electioneering
Communications.--Section 304(f)(2) of such Act (52 U.S.C. 30104(f)(2))
is amended by adding at the end the following new subparagraph:
``(G) If the person making the disbursement, or a
contributor described in subparagraph (E) or (F), is a
registered lobbyist under the Lobbying Disclosure Act
of 1995, a separate statement that such person or
contributor is a registered lobbyist under such Act.''.
(d) Requiring Commission to Establish Link to Websites of Clerk of
House and Secretary of Senate.--Section 304 of such Act (52 U.S.C.
30104), as amended by section 4308(a), is amended by adding at the end
the following new subsection:
``(k) Requiring Information on Registered Lobbyists to Be Linked to
Websites of Clerk of House and Secretary of Senate.--
``(1) Links to websites.--The Commission shall ensure that
the Commission's public database containing information
described in paragraph (2) is linked electronically to the
websites maintained by the Secretary of the Senate and the
Clerk of the House of Representatives containing information
filed pursuant to the Lobbying Disclosure Act of 1995.
``(2) Information described.--The information described in
this paragraph is each of the following:
``(A) Information disclosed under paragraph (9) of
subsection (b).
``(B) Information disclosed under subparagraph (D) of
subsection (c)(2).
``(C) Information disclosed under subparagraph (G) of
subsection (f)(2).''.
SEC. 9203. EFFECTIVE DATE.
The amendments made by this subtitle shall apply with respect to
reports required to be filed under the Federal Election Campaign Act of
1971 on or after the expiration of the 90-day period which begins on
the date of the enactment of this Act.
Subtitle D--Access to Congressionally Mandated Reports
SEC. 9301. SHORT TITLE.
This subtitle may be cited as the ``Access to Congressionally
Mandated Reports Act''.
SEC. 9302. DEFINITIONS.
In this subtitle:
(1) Congressionally mandated report.--The term
``congressionally mandated report''--
(A) means a report that is required to be submitted
to either House of Congress or any committee of
Congress, or subcommittee thereof, by a statute,
resolution, or conference report that accompanies
legislation enacted into law; and
(B) does not include a report required under part B
of subtitle II of title 36, United States Code.
(2) Director.--The term ``Director'' means the Director of
the Government Publishing Office.
(3) Federal agency.--The term ``Federal agency'' has the
meaning given that term under section 102 of title 40, United
States Code, but does not include the Government Accountability
Office.
(4) Open format.--The term ``open format'' means a file
format for storing digital data based on an underlying open
standard that--
(A) is not encumbered by any restrictions that would
impede reuse; and
(B) is based on an underlying open data standard that
is maintained by a standards organization.
(5) Reports online portal.--The term ``reports online
portal'' means the online portal established under section
(3)(a).
SEC. 9303. ESTABLISHMENT OF ONLINE PORTAL FOR CONGRESSIONALLY MANDATED
REPORTS.
(a) Requirement To Establish Online Portal.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Director shall establish and
maintain an online portal accessible by the public that allows
the public to obtain electronic copies of all congressionally
mandated reports in one place. The Director may publish other
reports on the online portal.
(2) Existing functionality.--To the extent possible, the
Director shall meet the requirements under paragraph (1) by
using existing online portals and functionality under the
authority of the Director.
(3) Consultation.--In carrying out this subtitle, the
Director shall consult with the Clerk of the House of
Representatives, the Secretary of the Senate, and the Librarian
of Congress regarding the requirements for and maintenance of
congressionally mandated reports on the reports online portal.
(b) Content and Function.--The Director shall ensure that the reports
online portal includes the following:
(1) Subject to subsection (c), with respect to each
congressionally mandated report, each of the following:
(A) A citation to the statute, conference report, or
resolution requiring the report.
(B) An electronic copy of the report, including any
transmittal letter associated with the report, in an
open format that is platform independent and that is
available to the public without restrictions, including
restrictions that would impede the re-use of the
information in the report.
(C) The ability to retrieve a report, to the extent
practicable, through searches based on each, and any
combination, of the following:
(i) The title of the report.
(ii) The reporting Federal agency.
(iii) The date of publication.
(iv) Each congressional committee receiving
the report, if applicable.
(v) The statute, resolution, or conference
report requiring the report.
(vi) Subject tags.
(vii) A unique alphanumeric identifier for
the report that is consistent across report
editions.
(viii) The serial number, Superintendent of
Documents number, or other identification
number for the report, if applicable.
(ix) Key words.
(x) Full text search.
(xi) Any other relevant information specified
by the Director.
(D) The date on which the report was required to be
submitted, and on which the report was submitted, to
the reports online portal.
(E) Access to the report not later than 30 calendar
days after its submission to Congress.
(F) To the extent practicable, a permanent means of
accessing the report electronically.
(2) A means for bulk download of all congressionally mandated
reports.
(3) A means for downloading individual reports as the result
of a search.
(4) An electronic means for the head of each Federal agency
to submit to the reports online portal each congressionally
mandated report of the agency, as required by section 4.
(5) In tabular form, a list of all congressionally mandated
reports that can be searched, sorted, and downloaded by--
(A) reports submitted within the required time;
(B) reports submitted after the date on which such
reports were required to be submitted; and
(C) reports not submitted.
(c) Noncompliance by Federal Agencies.--
(1) Reports not submitted.--If a Federal agency does not
submit a congressionally mandated report to the Director, the
Director shall to the extent practicable--
(A) include on the reports online portal--
(i) the information required under clauses
(i), (ii), (iv), and (v) of subsection
(b)(1)(C); and
(ii) the date on which the report was
required to be submitted; and
(B) include the congressionally mandated report on
the list described in subsection (b)(5)(C).
(2) Reports not in open format.--If a Federal agency submits
a congressionally mandated report that is not in an open
format, the Director shall include the congressionally mandated
report in another format on the reports online portal.
(d) Free Access.--The Director may not charge a fee, require
registration, or impose any other limitation in exchange for access to
the reports online portal.
(e) Upgrade Capability.--The reports online portal shall be enhanced
and updated as necessary to carry out the purposes of this subtitle.
SEC. 9304. FEDERAL AGENCY RESPONSIBILITIES.
(a) Submission of Electronic Copies of Reports.--Concurrently with
the submission to Congress of each congressionally mandated report, the
head of the Federal agency submitting the congressionally mandated
report shall submit to the Director the information required under
subparagraphs (A) through (D) of section 3(b)(1) with respect to the
congressionally mandated report. Nothing in this subtitle shall relieve
a Federal agency of any other requirement to publish the
congressionally mandated report on the online portal of the Federal
agency or otherwise submit the congressionally mandated report to
Congress or specific committees of Congress, or subcommittees thereof.
(b) Guidance.--Not later than 240 days after the date of enactment of
this Act, the Director of the Office of Management and Budget, in
consultation with the Director, shall issue guidance to agencies on the
implementation of this Act.
(c) Structure of Submitted Report Data.--The head of each Federal
agency shall ensure that each congressionally mandated report submitted
to the Director complies with the open format criteria established by
the Director in the guidance issued under subsection (b).
(d) Point of Contact.--The head of each Federal agency shall
designate a point of contact for congressionally mandated report.
(e) List of Reports.--As soon as practicable each calendar year (but
not later than April 1), and on a rolling basis during the year if
feasible, the Librarian of Congress shall submit to the Director a list
of congressionally mandated reports from the previous calendar year, in
consultation with the Clerk of the House of Representatives, which
shall--
(1) be provided in an open format;
(2) include the information required under clauses (i), (ii),
(iv), (v) of section 3(b)(1)(C) for each report;
(3) include the frequency of the report;
(4) include a unique alphanumeric identifier for the report
that is consistent across report editions;
(5) include the date on which each report is required to be
submitted; and
(6) be updated and provided to the Director, as necessary.
SEC. 9305. REMOVING AND ALTERING REPORTS.
A report submitted to be published to the reports online portal may
only be changed or removed, with the exception of technical changes, by
the head of the Federal agency concerned if--
(1) the head of the Federal agency consults with each
congressional committee to which the report is submitted; and
(2) Congress enacts a joint resolution authorizing the
changing or removal of the report.
SEC. 9306. RELATIONSHIP TO THE FREEDOM OF INFORMATION ACT.
(a) In General.--Nothing in this subtitle shall be construed to--
(1) require the disclosure of information or records that are
exempt from public disclosure under section 552 of title 5,
United States Code; or
(2) to impose any affirmative duty on the Director to review
congressionally mandated reports submitted for publication to
the reports online portal for the purpose of identifying and
redacting such information or records.
(b) Redaction of Information.--The head of a Federal agency may
redact information required to be disclosed under this Act if the
information would be properly withheld from disclosure under section
552 of title 5, United States Code, and shall--
(1) redact information required to be disclosed under this
subtitle if disclosure of such information is prohibited by
law;
(2) redact information being withheld under this subsection
prior to submitting the information to the Director;
(3) redact only such information properly withheld under this
subsection from the submission of information or from any
congressionally mandated report submitted under this subtitle;
(4) identify where any such redaction is made in the
submission or report; and
(5) identify the exemption under which each such redaction is
made.
SEC. 9307. IMPLEMENTATION.
Except as provided in section 9304(b), this subtitle shall be
implemented not later than 1 year after the date of enactment of this
Act and shall apply with respect to congressionally mandated reports
submitted to Congress on or after the date that is 1 year after such
date of enactment.
Subtitle E--Severability
SEC. 9401. SEVERABILITY.
If any provision of this title or amendment made by this title, or
the application of a provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of this
title and amendments made by this title, and the application of the
provisions and amendment to any person or circumstance, shall not be
affected by the holding.
TITLE X--[RESERVED]
Purpose and Summary
H.R. 1, the For the People Act, is innovative legislation
to advance the democratic promise of responsive, representative
government.
It will lower barriers to voting for all eligible
Americans, save costs, and bolster the integrity of election
administration. For example, it will modernize voter
registration systems by enabling automatic voter registration
and same-day voter registration. It will disclose dark, secret
money that influences campaigns and subsequent policy debates
and protect everyone's right to know who is influencing their
votes and their views. It will provide an alternative,
voluntary system for candidates to finance their campaigns and
empower small donors. This will reduce candidates' reliance on
major dollar donors and wealthy special interests, while
opening up the political process so that more people can run
competitive campaigns and represent their communities in
Congress. It will also strengthen high ethical standards for
Members of Congress. These reforms in H.R. 1 will boost
confidence in self-government.
Alexander Hamilton or James Madison, the author of
Federalist No. 57, wrote: ``Who are to be the electors of the
federal representatives? Not the rich, more than the poor; not
the learned, more than the ignorant; not the haughty heirs of
distinguished names, more than the humble sons of obscurity and
unpropitious fortune. The electors are to be the great body of
the people of the United States.''
H.R. 1 furthers this bedrock principle of American
democratic self-governance. It is legislation for the people to
hold government accountable and give people a voice in the
decisions that affect their lives and their families.
Background and Need for Legislation
Trust in Government and Participation in the Electoral Process
Trust in government has plummeted to near record lows. At
the end of 2017, only 18% of Americans said ``they can trust
the government in Washington do what is right `just about
always' (3%) or `most of the time (15%),''' according to the
Pew Research Center.\1\ Without trust, the legitimacy of our
representative system of government suffers. People no longer
perceive themselves as having a say in the decisions of
government that affect their lives.
---------------------------------------------------------------------------
\1\Pew Research Center, ``Public Trust in Government: 1958-2017,''
http://www.people-press.org/2017/12/14/public-trust-in-government-1958-
2017/ (last visited Feb. 11, 2019).
---------------------------------------------------------------------------
Only about half of the voting-eligible population voted in
the 2018 midterm elections.\2\ Although this was the highest
turnout in 50 years, the fact remains that roughly half of the
eligible public did not vote. For a country that holds itself
out as the gold standard of participatory democracy, a turnout
rate where nearly half of eligible voters do not vote belies
the United States' aspirations.
---------------------------------------------------------------------------
\2\Camila Domonoske, ``A Boatload of Ballots: Midterm Voter Turnout
Hit 50-Year High,'' NPR, Nov. 8, 2018, https://www.npr.org/2018/11/08/
665197690/a-boatload-of-ballots-midterm-voter-turnout-hit-50-year-high.
---------------------------------------------------------------------------
Too many Americans view themselves as shut out from our
representative system. Others cannot participate in our
electoral process because of arbitrary election administration
procedures that fail to account for how Americans live and work
in the 21st century. Some of these barriers to participation
are designed to make it harder for certain populations,
including communities of color and other underrepresented
groups, to vote.
Election Access--Online Voter Registration; Automatic Voter
Registration; Same Day Voter Registration
Among major democracies throughout the globe, the United
States is alone in requiring ``individuals to shoulder the onus
of registering to vote (and re-register[] when they move).''\3\
A 2001 commission that former Presidents Ford and Carter
chaired found that ``[t]he registration laws in the United
States are among the most demanding in the democratic world . .
. [and are] one reason why voter turnout in the United States
is near the bottom of the developed world.''\4\
---------------------------------------------------------------------------
\3\Written Testimony of Wendy R. Weiser, Director, Democracy
Program at the Brennan Center for Justice at NYU School of Law,
Hearing: ``For the People: Our American Democracy,'' Feb. 14, 2019, at
3.
\4\John Mark Hansen, ``To Assure Pride and Confidence in the
Electoral Process, Task Force Reports to Accompany the Report of the
National Commission on Election Reform, Task Force on the Federal
Election System, Voter Registration,'' at 1-3 (2001), http://
web1.millercenter.org/commissions/comm_2001_taskforce.pdf.
---------------------------------------------------------------------------
Voter registration barriers are a contributing factor to
voter turnout and citizen participation in our democracy. Every
election, millions of Americans encounter problems when they
try to cast ballots.\5\ One in 4 eligible Americans is not
registered to vote.\6\ In the November 2016 elections, nearly 1
in 5 (18 percent) of eligible people cited problems with voter
registration as their main reason for not casting a ballot,
including not meeting registration deadlines and not knowing
the processes to register.\7\ One in 4 Americans believe
incorrectly that the U.S. Postal Services' change-of-addresses
processes will automatically update their addresses for
purposes of voter registration.\8\
---------------------------------------------------------------------------
\5\Weiser, supra note 4, at 3.
\6\Id. at 2-3 (citing Pew Center on the States, Inaccurate, Costly,
and Inefficient: Evidence that America's Voter Registration Systems
Needs an Upgrade, 2012, 1); see also U.S. Census Bureau, Voting and
Registration in the Election of 2016, Tbl. 1, https://www.census.gov/
data/tables/time-series/demo/voting-and-registration/p20-580.html.
\7\Written Testimony of Chiraag Bains, Director of Legal
Strategies, Demos, Hearing: ``For the People: Our American Democracy,''
Feb. 14, 2019, at 8 (citing Census Bureau, Current Population Survey,
November 2016 Voting and Registration Supplement).
\8\Weiser, supra note 4 (citing Pew Center on the States,
Inaccurate, Costly, and Inefficient: Evidence that America's Voter
Registration Systems Needs an Upgrade, 2012, 7).
---------------------------------------------------------------------------
Barriers to voting, especially for communities of color and
underrepresented groups, have become pronounced after the
Supreme Court struck down the preclearance formula of the
Voting Rights Act in Shelby County v. Holder.\9\ Since that
2013 decision, states have required overly ``strict forms of
voter ID, purged voter rolls, reduced polling locations,
required documentary proof of citizenship to register to vote,
and cut early voting, among other contested voting changes
that, on the specific facts . . . operate to denigrate minority
voting access in ways that would have violated preclearance
requirements if they were still in effect. Data indicate that
these voting procedure changes disproportionately limit
minority citizens' ability to vote,'' according to the United
States Commission on Civil Rights.\10\ The Commission found in
2018 that ``at least 23 states have enacted newly restrictive
statewide voter laws since the Shelby County decision.''\11\
---------------------------------------------------------------------------
\9\Shelby County, Alabama v. Holder, 570 U.S. 529 (2013).
\10\U.S. Commission on Civil Rights, ``An Assessment of Minority
Voting Rights Access in the United States (2018),'' p. 9, https://
www.usccr.gov/pubs/2018/Minority_Voting_Access_2018.pdf.
\11\Id. at 82.
---------------------------------------------------------------------------
H.R. 1 addresses elements of these endemic problems. The
legislative solutions are cost-effective and will improve
access to the franchise for all eligible Americans to exercise
their constitutional right to vote.
Online Voter Registration
H.R. 1 will require states to offer voter registration
services online. Online voter registration is offered by at
least 37 states plus the District of Columbia as of October
2018, according to the National Conference on State
Legislatures.\12\ As Americans use the internet to accomplish
basic tasks, from banking, to facilitating transit, to
accessing healthcare, they should also be able to register (and
update) their voter registration records as well.
---------------------------------------------------------------------------
\12\Online Voter Registration, Overview, http://www.ncsl.org/
research/elections-and-campaigns/electronic-or-online-voter-
registration.aspx.
---------------------------------------------------------------------------
In addition to improving convenience for eligible voters,
online voter registration saves costs. A 2010 study funded by
the Pew Center on the States found that paper registration cost
Arizona $0.83 per voter to process, whereas online voter
registration cost only $0.03.\13\ In Washington State,
officials ``reported savings of 25 cents with each online
registration (for a total of $176,000 in savings) in the first
two years of the program, and its local officials save between
50 cents and two dollars per online transaction,'' according to
a Brennan Center analysis of the data.\14\
---------------------------------------------------------------------------
\13\Washington Institute of the Study of Ethnicity and Race
(University of Washington, Seattle) and the Election Administration
Research Center (University of California, Berkeley), ``Online Voter
Registration (OLVR) Systems in Arizona and Washington: Evaluating
Usage, Public Confidence and Implementation Process (2010)'' at 93,
https://www.pewtrusts.org/-/media/legacy/uploadedfiles/pcs_assets/2010/
onlinevoterregpdf.pdf.
\14\See Weiser, supra note 4, at 7.
---------------------------------------------------------------------------
Automatic Voter Registration
Another critical policy is automatic voter registration
(``AVR''). Like online voter registration, automatic voter
registration saves jurisdictions money, improves the accuracy
of voter registration lists, and helps to streamline the voter
registration process to reduce unnecessary barriers to
accessing the ballot. AVR significantly decreases the necessity
of paper and takes advantage of electronic, automated systems
to add eligible Americans to the rolls. Voter lists are more
accurate, jurisdictions save money by not relying on staff to
process paper registration forms, and fewer eligible voters who
show up to vote will have to vote a provisional ballot.\15\
---------------------------------------------------------------------------
\15\See id. at 6.
---------------------------------------------------------------------------
Rather than place the burden to register to vote on
prospective voters--which, as discussed above, leads to
confusion and keeps large swaths of Americans off the rolls--
AVR is rooted in an ``opt-out'' model of voter registration.
Unless a prospective voter declines, they will be added to the
rolls when they provide information to the government to obtain
certain services (including public services, Social Security
benefits, driver's licenses, and when individuals become
naturalized citizens).\16\
---------------------------------------------------------------------------
\16\See id. at 4.
---------------------------------------------------------------------------
There is also data that show AVR may lead to higher
turnout. In Oregon, the first state to adopt and implement AVR,
turnout increased by 4 percent--2.5 percent higher than the
national average.\17\ This increase in turnout happened when
there were zero competitive statewide races on the ballot.
---------------------------------------------------------------------------
\17\Id. at 5.
---------------------------------------------------------------------------
AVR, as included in H.R. 1, is designed to ensure that
agencies facilitating voter registration do not add ineligible
voters to the rolls. Agencies that are designated to
participate in AVR collect citizenship information. If an
individual affirms citizenship, the agency will inform the
person of the qualifications necessary to register to vote,
consequences for false registration, and an opportunity to
decline voter registration. There are also safeguards in place
for the unlikely situation that any ineligible person is
inadvertently registered.
Fifteen states, plus the District of Columbia, have adopted
AVR; of those jurisdictions, nine states plus the District of
Columbia have implemented the policy.\18\ The data show that
AVR can accomplish its goals of adding eligible voters to the
rolls. The results have been exceptionally strong. According to
the Brennan Center for Justice at NYU School of Law:
---------------------------------------------------------------------------
\18\See Weiser, supra note 4, at 4-5.
---------------------------------------------------------------------------
In Oregon, registration rates quadrupled at DMV offices. In
Vermont, registrations jumped 62 percent in the six months
after AVR was put in place compared to the same period in the
previous year. One state, California, experienced minor
glitches at first, because of a computer programming design
flaw. But that error was quickly caught and contained, and
according to the state's motor vehicle office has since been
fixed. . . . AVR has dramatically increased registration rates
in nearly every state.\19\
---------------------------------------------------------------------------
\19\Id.
---------------------------------------------------------------------------
Same Day Voter Registration
Same day voter registration is another important reform
included in H.R. 1 to modernize our elections. It ensures that
a voter registration deadline does not deny any eligible voter
of their right to vote. Voters are offered an opportunity to
register to vote on election day, including during early
voting. Particularly when combined with automatic voter
registration, same day voter registration boosts turnout. It
has been shown to increase turnout by upwards of 10 percentage
points.\20\ Seventeen states and the District of Columbia offer
some form of same day voter registration.\21\ Some states have
had it since the 1970s.\22\
---------------------------------------------------------------------------
\20\See Bains, supra note 8, at 8.
\21\See Weiser, supra note 4, at 7.
\22\See id.
---------------------------------------------------------------------------
Together as a whole, H.R. 1 sets an important nationwide
standard of online voter registration, automatic voter
registration, and same day voter registration that will reduce
unjustified and unnecessary barriers to voting. These reforms
will make our elections freer and fairer for all eligible
voters to make their voices heard.
Election Access--Promoting Convenience and Access to the Ballot
Challenges and Problems
In the wake of Shelby County v. Holder, some jurisdictions
implemented changes to their election administration and voting
laws that had a disparate impact on communities of color or
were enacted with a discriminatory intent to make it harder for
communities of color to vote. Cuts to early voting, strict
voter identification laws, and other changes to the rules have
pushed people away from participating in our democracy.
The legislature of North Carolina, for example, enacted an
omnibus voter suppression bill in 2013, several months after
the Supreme Court struck down the Voting Rights Act's
preclearance formula.\23\ Among other things, the bill imposed
a strict photo identification requirement on voters; cut a week
of early voting; eliminated same-day voter registration;
eliminated the counting of out-of-precinct provisional ballots
for voters who voted in the correct county but incorrect
precinct; and eliminated preregistration of 16- and 17-year
olds.\24\ The United States Court of Appeals for the Fourth
Circuit ruled that North Carolina's law ``target[ed] African
Americans with almost surgical precision,'' for, among other
things, requiring ``in-person voters to show certain photo IDs,
beginning in 2016, which African Americans disproportionately
lacked, and eliminat[ing] or reduc[ing] registration and voting
access tools that African Americans disproportionally
used.''\25\
---------------------------------------------------------------------------
\23\North Carolina State Conference of the NAACP v. McCrory, 831
F.3d 204 (2016).
\24\See id.
\25\See id. at 215, 216.
---------------------------------------------------------------------------
Texas, too, implemented one of the strictest photo ID laws
in the United States soon after Shelby County.\26\ The United
States Court of Appeals for the Fifth Circuit ruled that the
Texas law discriminated against Black and Latino voters.\27\
Subsequent litigation and legislative action led to significant
changes in the law.\28\
---------------------------------------------------------------------------
\26\Matt Vasilogambros, ``That Was Quick: Texas Moves Forward With
Voter ID Law After Supreme Court Ruling,'' The Atlantic, June 25, 2013,
https://www.theatlantic.com/politics/archive/2013/06/that-was-quick-
texas-moves-forward-with-voter-id-law-after-supreme-court-ruling/
438108/.
\27\Veasey v. Abbott, No. 14-41127 (5th Cir. 2016).
\28\Advisory Memorandum, Texas Advisory Committee to the U.S.
Commission on Civil Rights, pg. 10, July 2018, https://www.usccr.gov/
pubs/2018/07-23-TX-Voting-Rights.pdf.
---------------------------------------------------------------------------
Mass purges of eligible voters from the rolls have also
become a major problem with election administration. According
to the Brennan Center for Justice:
Almost 4 million more names were purged from the
rolls between 2014 and 2016 than between 2006 and 2008.
Purge activity has increased at a substantially greater
rate in states that were subject to federal oversight
under the Voting Rights Act prior to the Supreme
Court's decision in Shelby County v. Holder. Georgia,
for example, purged 1.5 million voters between the 2012
and 2016 elections--double its rate between 2008 and
2012. Texas purged 363,000 more voters between 2012 and
2014 than it did between 2008 and 2010. [The Brennan
Center] found that 2 million fewer voters would have
been purged between 2012 and 2016 if jurisdictions
previously subject to pre-clearance had purged at the
same rate as other jurisdictions.\29\
---------------------------------------------------------------------------
\29\Weiser, supra note 4, at 8.
The Supreme Court's decision last year in Husted v. A.
Philip Randolph Institute opened the door to even more
aggressive voter purges.\30\ The Court upheld Ohio's ``use it
or lose it'' purge law, which used non-voting as a reason to
initiate purge processes. The Court held that this practice did
not violate the National Voter Registration Act, which governs
list-maintenance programs and prohibits activities that
``result in the removal of the name of any person'' from the
rolls ``by reason of the person's failure to vote.''\31\
---------------------------------------------------------------------------
\30\Husted v. A Philip Randolph Institute, 138 S. Ct. 1833 (2018).
\31\See id.; 52 U.S.C. Sec. 20507(b)(2); Bains, supra note 8, at 5.
---------------------------------------------------------------------------
There are many reasons why someone may miss voting in an
election. This should not result in their removal from voter
registration rolls for subsequent elections. Purges can also
affect underrepresented populations disproportionately, which
has a deleterious effect on representative democracy. As Demos
has explained:
[B]arriers to voting such as transportation issues,
inflexible work schedules, care-giving responsibilities,
illnesses, inaccessible polling locations, and language access
problems can disproportionately prevent persons of color,
housing-insecure individuals, persons with disabilities, low-
income individuals, older voters, and persons with limited
English proficiency from making to the polls to vote. Using a
person's failure to vote to initiate a removal process will
therefore disproportionately target such groups and result in
their subsequent removal from the registration rolls.\32\
---------------------------------------------------------------------------
\32\Bains, supra note 8, at 5.
---------------------------------------------------------------------------
There are many other populations, too, for whom more
convenient access to the ballot is essential. First responders,
individuals with disabilities, military personnel, healthcare
providers, minimum wage workers, the elderly, students, and
many other populations require flexibility in the time, place,
and manner of voting. Some current practices, such as holding
Election Day on a Tuesday in November, unjustifiably restrict
access to the ballot to those who are available to stand in
line and show up in person at their polling place on that
specific day. H.R. 1 addresses these challenges, including the
solutions below.
Solutions--Early Voting
The legislation sets a nationwide standard for early voting
for at least 15 days prior to Election Day. Early voting is an
important policy to provide voters with free and fair access to
the ballot. Many states have adopted it as a policy. Thirty-
nine states allow voters to vote early in person before
Election Day including more than a dozen states that provide an
early voting period ``comparable to or greater than'' the 15-
day standard set by H.R. 1.\33\ Beyond convenience for voters
who decide to vote early, the policy can reduce long lines at
the polls on Election Day and give election administrators more
time to troubleshoot issues with registration databases or
voting machines before they could cause bigger slowdowns or
problems.\34\
---------------------------------------------------------------------------
\33\See Weiser, supra note 4, at 12.
\34\See id.
---------------------------------------------------------------------------
Addressing Voter Identification Laws That Restrict Voting
As for suppressive voter identification tactics, H.R. 1
would allow voters to submit sworn written statements in lieu
of other forms of voter identification that would otherwise be
required to cast a ballot. Strict voter identification laws
have been one of the most unjustified barriers to participation
for underrepresented communities. Approximately 11% of the
American population lacks the specific form of photo
identification that more than a dozen states require to vote,
disproportionately voters of color, senior citizens, and low-
income citizens.\35\ Providing this sworn statement alternative
is an important safeguard for those that these identification
laws would otherwise block from voting.
---------------------------------------------------------------------------
\35\See Baines, supra note 8, at 3.
---------------------------------------------------------------------------
Protections Against Purges for Failure to Vote
To respond to the Supreme Court's decision in Husted, H.R.
1 amends the National Voter Registration Act of 1993 to
prohibit a registrant's failure to vote as objective and
reliable evidence that a voter is ineligible. It also limits
the authority of states to remove registrants from the official
list of eligible voters on the basis of interstate voter
registration cross-checks.
Access to Voting for Individuals with Disabilities
H.R. 1 requires states to promote access to voter
registration and voting for individuals with disabilities.
Specifically, it mandates the availability of absentee ballots
for individuals with disabilities, and allows such individuals
to request and receive, by mail or electronically, registration
forms and absentee ballots. States must accept and process
these voter registration and absentee ballot applications if
received within the deadline. It also requires states to
establish a state office that will be responsible for providing
voting-related information to individuals with disabilities.
Other Reforms to Bolster Election Administration and the
Right to Vote
There are many other policies in H.R. 1 that promote
election administration procedures that improve access to the
franchise. The legislation prohibits states from putting
restrictions on the ability for voters to vote by mail and
requires absentee ballots to be sent at least 45 days before an
election. Absentee ballots would be carried free of charge to
individual voters.
H.R. 1 would also require election officials to count each
vote on provisional ballots for any elections in which an
individual is registered to vote, notwithstanding whether they
cast their ballot in an incorrect precinct within a state
jurisdiction.
The bill awards grants to states to develop training
programs for poll worker recruitment and training and
nonpartisan poll workers.
It will bolster integrity and confidence in election
administration by prohibiting campaign activities by state
chief election administration officials. This provision
provides an exception when the official or immediate family
member is a candidate, so long as the official recuses from
official responsibilities for the administration of the
election.
The bill also empowers young people to participate in our
democracy by designating institutions of higher education as
voter registration agencies.
H.R. 1 requires the Attorney General to develop a state-
based hotline to provide nonpartisan information about the
voting process, including voter registration, location, and
hours of polling places, in consultation with civil rights and
voting rights organizations.
Taken together, these reforms improve access to voting by
making it convenient and open for more eligible Americans to
participate.
Bolstering the Resilience of Election Infrastructure
There are serious challenges with aging election equipment
and the machinery of democracy. Ineffective, aging voting
equipment can cause lengthy lines at polling places, discourage
participation, and chip away at confidence in election
outcomes. A 2014 report by the bipartisan Presidential
Commission on Election Administration found that aging systems
purchased with federal money pursuant to the Help America Vote
Act in 2002 were ``reaching the end of their operational
life.''\36\
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\36\Presidential Commission on Election Administration, ``The
American Voting Experience: Report and Recommendations of the
Presidential Commission on Election Administration (2014),'' at 11,
https://www.eac.gov/assets/1/6/Amer-Voting-Exper-final-draft-01-09-14-
508.pdf.
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Foreign threats to interfere in American elections are also
of paramount concern, including the threats that cyberattacks
pose to voting systems. The Department of Homeland Security
confirmed that ``election-related networks, including websites,
in 21 states were potentially targeted by Russian government
cyber actors'' during the 2016 election.\37\ Nonstate and state
actors alike have targeted voter registration systems and
Election Night reporting websites.\38\ These tactics could sow
confusion and undermine confidence in election outcomes should
they occur again on a larger scale due to the vulnerabilities
in our systems.
---------------------------------------------------------------------------
\37\Testimony of Jeanette Manfra, Acting Deputy Under Secretary for
Cybersecurity and Communications, National Protection and Programs
Directorate, U.S. Department of Homeland Security and Dr. Samuel Liles,
Acting Director, Cyber Division, Office of Intelligence and Analysis,
U.S. Department of Homeland Security, Before the Select Commission on
Intelligence, United States Senate, Washington, D.C., Addressing
Threats to Election Infrastructure, June 21, 2017, https://
www.intelligence.senate.gov/sites/default/files/documents/os-jmanfra-
062117.PDF.
\38\Weiser, supra note 4, at 33.
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There is a need to bolster the resilience of the machinery
of democracy that H.R. 1 fulfills. Thirteen states use voting
machines that do not have paper back-ups, for example,
including five that use them statewide.\39\
---------------------------------------------------------------------------
\39\Lawrence Norden and Wilfred U. Codrington III, Brennan Center
for Justice, ``America's Voting Machines at Risk,'' Mar. 8, 2018,
https://www.brennancenter.org/analysis/americas-voting-machines-risk-
an-update.
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Paper Ballots and Grants for Improved Election Systems
H.R. 1 amends the Help America Vote Act of 2002 to require
voting systems in federal elections to use individual, durable,
voter-verified paper ballots. This would replace all paperless
voting machines now in use for these elections.
Paper ballots are an important protection against hacking
and cyberattack. They provide a durable record of each vote
that can be hand-counted and audited, where necessary, without
depending on software or hardware.
H.R. 1 also authorizes the Election Assistance Commission
to, among other things, issue grants to states to improve and
maintain their election systems (including enhanced
cybersecurity improvements), transition to voter-verified paper
ballot systems, conduct risk-limiting audits, and further
election-infrastructure innovation.
Promoting Cybersecurity Through Improvements in Election
Administration
Given the threat of interference in our elections from
state and nonstate actors alike, H.R. 1 provides guardrails to
further reinforce cybersecurity. It requires, for example,
voting systems (including electronic pollbooks) to be tested
nine months before general Federal elections. The Election
Assistance Commission would be required to issue election
cybersecurity guidelines, including standards and best
practices for procuring, maintaining, testing, operating, and
updating election systems to prevent and deter cybersecurity
incidents.
Another innovative element of the bill is the establishment
of an Election Security Bug Bounty program to encourage
independent assessments of election systems by technical
experts.
Campaign Finance--Transparency, Disclosure, and Everyone's Right to
Know
Americans are concerned with the real and perceived power
of wealthy special interests in campaigns and the decisions of
government. Citizens United, decided more than 9 years ago,
remains deeply unpopular among Americans of all political
stripes. The decision recognized a corporation's First
Amendment right to spend unlimited sums out of its general
treasury funds to influence elections. A 2015 Bloomberg poll
found that Citizens United ``was viewed unfavorably by 78% of
respondents, who said that decision was so bad it should be
overturned.''\40\ This is consistent with more recent polling,
including last year, that found similar numbers of Americans in
favor of a constitutional amendment to reverse Citizens
United.\41\
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\40\Greg Stohr, ``Bloomberg Poll: Americans Want Supreme Court to
Turn Off Political Spending Spigot,'' Chicago Tribune, Sept. 28, 2015,
https://www.chicagotribune.com/news/sns-tns-bc-scotus-citizensunited-
poll-20150928-story.html.
\41\Ashley Balcerzak, ``Liberals Want to Overturn Citizens United.
A New Study Shows Conservatives Do Too,'' Time, May 10, 2018, http://
time.com/5272988/citizens-united-campaign-finance-constitution/.
---------------------------------------------------------------------------
Citizens United has become in some ways synonymous with
Americans' dissatisfaction with the influence, real and
perceived, of money in the political process. According to the
analysis of a poll last summer by PRRI/The Atlantic, ``roughly
two-thirds of the public say that participation of too few
voters (67%) and the disproportionate influence of wealthy
individuals and corporations (66%) are major problems with the
current election system.''\42\ According to a Gallup poll last
month, only 20% of Americans said they are satisfied with our
campaign finance laws.\43\ Among the 22 issues surveyed, this
was the issue Americans were least satisfied about.
---------------------------------------------------------------------------
\42\Alex Vandermaas-Peeler et al., ``American Democracy in Crisis:
The Challenges of Voter Knowledge, Participation, and Polarization,''
PRRI in partnership with The Atlantic, July 17, 2018, https://
www.prri.org/research/American-democracy-in-crisis-voters-midterms-
trump-election-2018/.
\43\Megan Brenan, ``Americans Most Satisfied With Nation's
Military, Security,'' Gallup, Jan. 28, 2019, https://news.gallup.com/
poll/246254/americans-satisfied-nation-military-security.aspx.
---------------------------------------------------------------------------
Deeply troubling is the appearance that campaign spenders
have more influence over public servants and public policy than
non-contributors. According to a recent survey by the Pew
Research Center, ``overall, 37% of Americans say that they feel
it is at least somewhat likely their representative would help
them with a problem if they contacted her or him. However,
about half (53%) of those who have given money to a political
candidate or group in the last year believe their
representative would help. Belief that one's Member of Congress
will help them with a problem is highest (63%) among the subset
of donors who have given more than $250 to a candidate or
campaign in the past year.''\44\ For decades, of course, the
Supreme Court recognized the government's interest in deterring
``the reality or appearance of improper influence stemming from
the dependence of candidates on large campaign contributions,''
and upheld many campaign finance regulations accordingly.\45\
---------------------------------------------------------------------------
\44\Bradley Jones, ``Most Americans Want to Limit Campaign
Spending, Say Big Donors Have Greater Political Influence,'' Pew
Research Center, May 8, 2018, http://www.pewresearch.org/fact-tank/
2018/05/08/most-americans-want-to-limit-campaign-spending-say-big-
donors-have-greater-political-influence/.
\45\Buckley v. Valeo, 424 U.S. 1, 58 (1976) (per curiam).
---------------------------------------------------------------------------
Money from undisclosed sources have flooded our elections
in record amounts since Citizens United.\46\ Moreover, a
gridlocked and dysfunctional Federal Election Commission has
left many major violations unaddressed, and has failed to keep
its regulations on pace with the changing nature of campaigns.
HR 1 includes key reforms to shine a light on dark money in
politics, empower small dollar donors, and reform the Federal
Election Commission to improve the enforcement of our campaign
finance laws.
---------------------------------------------------------------------------
\46\Center for Responsive Politics, ``Outside Spending by Non-
disclosing Groups, Cycle Totals, Excluding Party Committees,'' https://
www.opensecrets.org/outsidespending/disclosure.php (last visited Feb.
11, 2019).
---------------------------------------------------------------------------
Transparency Former Supreme Court Justice Louis Brandeis
said that ``sunlight is said to be the best of
disinfectants.''\47\ H.R. 1 reforms disclosure laws to
vindicate every American's right to know who is spending money
to influence elections.
---------------------------------------------------------------------------
\47\Louis Brandeis, ``What Publicity Can Do,'' Harper's Weekly,
Dec. 20, 1913.
---------------------------------------------------------------------------
Since the Supreme Court's 2010 decision in Citizens United
opened the floodgates to unlimited campaign spending by
corporations and other artificial entities, special interests
and others have spent more than $950 million to influence
federal elections without disclosing the source of the
money.\48\ Dark, secret, unlimited money in elections
undermines the integrity of the democratic process. It makes it
harder for the public to follow the money and hold elected
officials and major donors accountable. Money can be laundered
through a variety of artificial entities to influence
elections, which can lead to circumvention of other campaign
finance prohibitions, such as the ban on foreign money in
American political campaigns. Polls show that Americans
overwhelmingly favor disclosure of donors who are financing
major campaign expenditures, including through outside
groups.\49\
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\48\Center for Responsive Politics, Outside Spending by Disclosure,
Excluding Party Committees, https://www.opensecrets.org/
outsidespending/disclosure.php.
\49\Written Testimony of Fred Wertheimer, President, Democracy 21,
Hearing: ``For the People: Our American Democracy,'' Feb. 14, 2019, at
9.
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The Supreme Court has repeatedly affirmed the
constitutionality of disclosure laws. In a section of Citizens
United that had the support of eight Supreme Court justices,
Justice Kennedy wrote that with the ``advent of the Internet,
prompt disclosure of expenditures can provide shareholders and
citizens with the information needed to hold corporations and
elected officials accountable for their positions and
supporters. . . . [C]itizens can see whether elected officials
are ```in the pocket' of so-called moneyed interests.''\50\ In
the landmark case Buckley v. Valeo, the Court held that
``disclosure requirements deter actual corruption and avoid the
appearance of corruption by exposing large contributions and
expenditures to the light of publicity. The exposure may
discourage those who would use money for improper purposes
either before or after the election. A public armed with
information about a candidate's most generous supporters is
better able to detect any post-election special favors that may
be given in return.''\51\
---------------------------------------------------------------------------
\50\Citizens United v. FEC, 558 U.S. 310, 370 (2010).
\51\Buckley v. Valeo, 424 U.S. 1, 67 (1976).
---------------------------------------------------------------------------
Disclosure does not silence speech. The Court held in
Buckley that disclosure requirements ``impose no ceiling on
campaign-related activities,''\52\ and ``do not prevent anyone
from speaking'' in McConnell v. FEC.\53\
---------------------------------------------------------------------------
\52\See id. at 64;
\53\McConnell v. FEC, 540 U.S. 93, 201 (2003).
---------------------------------------------------------------------------
DISCLOSE Act
H.R. 1 closes gaping loopholes in our campaign finance
system's disclosure laws left open since Citizens United. The
DISCLOSE Act requires covered organizations--corporations, non-
profit organizations, section 527 organizations, and others--to
report their campaign-related spending if they spend more than
$10,000 in an election cycle. Such organizations spending money
to influence elections must also disclose their donors who give
$10,000 during an election cycle. Campaign-related spending is
defined to include independent expenditures, electioneering
communications, and advertisements that promote, attack,
support, or oppose the election of candidates.\54\ Covered
organizations have a choice of setting up a separate account to
be used for making campaign-related expenditures. If they use
the separate account, only donors of $10,000 or more to that
account are disclosed. If they do not use a separate account,
all donors of $10,000 or more to the covered organization are
disclosed.
---------------------------------------------------------------------------
\54\The Supreme Court upheld the PASO test in McConnell v. FEC, 540
U.S. 93 (2003).
---------------------------------------------------------------------------
There are three exceptions for disclosure. First, amounts
from commercial transactions received in the ordinary course of
any trade or business conducted by the covered organization.
Second, amounts that a donor prohibits from being used for
campaign-related spending, provided that the covered
organization agrees to follow the prohibition and deposits the
payment in an account which is segregated from any account used
to make campaign-related disbursements. Third, the requirement
to include information relating to the name or address of any
donor shall not apply if the inclusion of the information would
subject the person to serious threats, harassment, or
reprisals.
The DISCLOSE Act also addresses the problem of money that
is laundered through various front groups or shell entities to
hide the original source of campaign-related spending. The bill
requires disclosure of transfers between covered organizations
when those transfers are made for the purpose of campaign-
related expenditures or are deemed to be made for campaign-
related expenditures.
Finally, the DISCLOSE Act closes loopholes that allow
foreign money to influence federal elections, particularly
through dark money vehicles. It amends the definition of
foreign national for purposes of the ban on foreign national
campaign spending to add any corporation or limited liability
corporation which is 5 percent or more owned or controlled by a
foreign country of foreign government official, or which is 20
percent or more owned by any other foreign national, or over
which one or more foreign nationals has the power to control
the decision-making of the corporation. It requires
certification of compliance with the ban on foreign national
spending by chief executive officers before corporations make
contributions, donations, or expenditures in connection with
elections.
Honest Ads Act
Digital political advertising continues to skyrocket.
According to the Center for Responsive Politics, spending on
digital ads in the 2018 midterms was expected to cost $1.9
billion, or approximately 22 percent of overall political
advertising.\55\ Digital advertising is a relatively
inexpensive and effective medium to spread a message quickly
and efficiently.\56\
---------------------------------------------------------------------------
\55\Megan Janetsky, ``Low Transparency, Low Regulation Online
Political Ads Skyrocket,'' Center for Responsive Politics, Mar. 7,
2018, https://www.opensecrets.org/news/2018/03/low-transparency-low-
regulation-online-political-ads-skyrocket/.
\56\See Weiser, supra note 4, at 23.
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It also opens up our system to vulnerabilities due in part
to the failure of campaign finance laws to keep pace with
technology.\57\ Russia's efforts to sow division and distrust
in democracy during the 2016 election included ``overt efforts
by Russian Government agencies, state-funded media, third-party
intermediaries, and paid social media users or trolls.'''\58\
Facebook disclosed that it ``identified more than $100,000
worth of divisive ads on hot-button issues purchased by a
shadowy Russian company linked to the Kremlin.''\59\ The
Washington Post reported that ``two teams of independent
researchers found that the Russians exploited American-made
technology platforms to attack U.S. democracy at a particularly
vulnerable moment . . . as part of a broadly effective strategy
of sowing distrust in U.S. democracy and its leaders.''\60\
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\57\See generally Hamsini Sridharan and Ann M. Ravel,
``Illuminating Dark Digital Politics: Campaign Finance Disclosure for
the 21st Century,'' October 2017 (finding that the ``lack of a 21st
century disclosure system is all the more stark when considering the
pace with which communication is moving online.'').
\58\Office of the Director of National Intelligence, ``Assessing
Russian Activities and Intentions in Recent US Elections,'' Jan. 6,
2017, at ii, https://www.dni.gov/files/documents/ICA_2017_01.pdf.
\59\Scott Shane and Vindu Goel, ``Fake Russian Facebook Accounts
Bought $100,000 in Political Ads,'' N.Y. Times, Sept. 6, 2017, https://
www.nytimes.com/2017/09/06/technology/facebook-russian-political-
ads.html.
\60\Craig Timberg, ``Russian Propaganda Effort Helped Spread `Fake
News' During Election, Experts Say,'' Wash. Post, Nov. 24, 2016,
https://www.washingtonpost.com/business/economy/russian-propaganda-
effort-helped-spread-fake-news-during-election-experts-say/2016/11/24/
793903b6-8a40-4ca9-b712-716af66098fe_story.html?ut _term=.24841509a330.
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The Honest Ads Act updates the rules that apply to online
political advertising by incorporating disclosure and
disclaimer concepts that apply to traditional media, while
providing regulatory flexibility for new forms of digital
advertising. This will help ensure that voters make informed
decisions at the ballot box and to know who is spending money
on digital political advertisements that they view.
It also expands the definition of public communication to
include paid internet or paid digital communications, and
amends the definition of electioneering communication to
include certain digital or internet communications placed or
promoted for a fee online.
Finally, the bill requires that large online platforms
(defined to include those with 50,000,000 or more unique
monthly United States visitors) maintain public databases of
political ad purchases. This is a concept that already applies
to broadcasters, who must maintain public files of political
advertisements. The online databases maintained by the
platforms will provide the public with information about the
purchasers of online political ads, including how the audience
is targeted. Political advertisements are defined to include
those that communicate messages relating to political matters
of national importance, including about candidates, elections,
and national legislative issues of public importance.
Finally, the Honest Ads Act requires all broadcasters,
cable or satellite television and online platforms to take
reasonable efforts to ensure that political advertising is not
purchased by foreign nationals, directly or indirectly.
Stand By Every Ad Act
H.R. 1 also includes the Stand By Every Ad Act. Currently,
only candidates are required to ``stand by'' their
advertisements to indicate that they have approved certain
political messages. The Stand By Every Ad Act applies this
requirement to election-related advertisements purchased by
outside entities such as corporations, 527 organizations and
nonprofit organizations. It would also require such
advertisements to include a list of the Top Five funders of the
entity (in video advertisements) or the Top Two funders of the
entity (for audio advertisements). These provisions improve
transparency and accountability in campaign spending and are in
keeping with the need for better disclosure provisions,
particularly with the steep increase in outside group spending
after Citizens United.
Campaign Finance--Empowering Every Voice in Our Democracy
Money plays an outsized role in determining who runs for
office, who wins office, and in setting policy priorities in
Washington. The total costs of elections continue to rise
exponentially. The total cost of Congressional elections in
2008, for example, was $2.5 billion.\61\ A decade later, the
2018 midterms cost more than $5.7 billion.\62\
---------------------------------------------------------------------------
\61\Cost of Elections, Center for Responsive Politics, https://
www.opensecrets.org/overview/cost.php/.
\62\See id.
---------------------------------------------------------------------------
The eye-popping sums themselves do not tell the whole
story. Important, too, is the source of the money. American
political campaigns are funded by a tiny, wealthy, and highly
unrepresentative segment of the population. In the 2018
midterms, only 0.47% of the population gave $200 or more to
political campaigns.\63\ This slice of America contributed 71%
of the money that went to federal candidates, PACs, parties,
and outside groups.\64\ This class of donors is not
representative of the public at large. It is largely white,
wealthy, and male.\65\ According to Demos:
---------------------------------------------------------------------------
\63\Donor Demographics, Center for Responsive Politics, https://
www.opensecrets.org/overview/donordemographics.php (last visited Feb.
19, 2019).
\64\See id.
\65\See Bains, supra note 8, at 12.
---------------------------------------------------------------------------
Ninety-two percent of federal election donors in 2014 and
91 percent of donors in 2012 were white. The numbers are even
more skewed among large donors. Ninety-four percent of those
giving more than $5,000 in 2014 and 93 percent in 2012 were
white. Men make up slightly less than half of the population,
but comprised 63 percent of federal election donors in 2012 and
66 percent of donors in 2014. The pool of donors who give more
than $1,000 has less gender diversity, with men making up 65
percent of donors giving more than $5,000.\66\
---------------------------------------------------------------------------
\66\Id.
---------------------------------------------------------------------------
This pales in comparison to the rich diversity of our
country and undermines principles of equal representation.
When it comes to so-called ``independent'' spending--
campaign spending by Super PACs, corporations, and other
nonprofit organizations--the financial muscle of the donor
class is even more stark. Since the Supreme Court's decision in
Citizens United, Super PACs alone have raised more than $4.88
billion.\67\ In the 2018 midterms, just 100 donors contributed
more than $1 billion to Super PACs--an average of $100 million
per donor.\68\
---------------------------------------------------------------------------
\67\Outside Spending by Super PAC, Center for Responsive Politics,
https://www.opensecrets.org/outsidespending/summ.php?chrt=V&type=S
(last visited Feb. 19, 2019).
\68\Super PACs: How Many Donors Give, Center for Responsive
Politics, https://www.opensecrets.org/outside-spending/donor-stats
(last visited Feb. 19, 2019).
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A direct threat to a responsive democracy is how money sets
policy priorities--or even appears to set policy priorities. As
the Supreme Court reasoned in Buckley, when it upheld
contribution limits, ``[of] almost equal concern as the danger
of actual quid pro quo corruption is the impact of the
appearance of corruption stemming from public awareness of the
opportunities for abuse inherent in a regime of large
individual financial contributions.''\69\
---------------------------------------------------------------------------
\69\Buckley, 424 U.S. at 27.
---------------------------------------------------------------------------
Numerous studies have demonstrated that major campaign
donors have more influence than voters over policy, and often
the policy objectives take a divergent path from that preferred
by voters.\70\ This lack of responsiveness, real and perceived,
is counter to the ideals of democratic self-government.
---------------------------------------------------------------------------
\70\See Weiser, supra note 4, at 17 (citing Chris Tausanovitch,
``Income, Ideology and Representation,'' Russell Sage Foundation
Journal of the Social Sciences 2 (2016): 33, 49; Martin Gilens and
Benjamin I. Page, ``Testing Theories of American Politics: Elites,
Interest Groups, and American Citizens,'' Perspectives on Politics 12
(2014): 564, 575; Christopher Ellis, ``Social Context and Economic
Biases in Representation,'' Journal of Politics 75 (2013): 773, 779;
Martin Gilens, Affluence and Influence: Economic Inequality and
Political Power in America (Princeton: Princeton University Press,
2012), 84; Larry Bartels, Unequal Democracy: The Political Economic of
the New Gilded Age (Princeton: Princeton University Press, 2010), 285).
---------------------------------------------------------------------------
Candidates for office today face the difficult challenge of
having to raise significant amounts of funds and to do so
quickly if they want to be considered viable. Few can manage
this without relying heavily on a network of donors and
organized interests. It is true that the Internet can be a
revolutionary tool to empower small dollar donors. Still, small
dollar donors of $200 or less contributed only 30 percent of
the money raised in the 2018 midterms.\71\
---------------------------------------------------------------------------
\71\Donor Demographics, Center for Responsive Politics, https://
www.opensecrets.org/overview/donordemographics.php (last visited Feb.
19, 2019).
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Small Dollar Financing of Congressional Election Campaigns
H.R. 1 provides a voluntary, alternative method to raise
funds for Congressional elections. It will allow candidates to
run for office without depending on deep pocketed donors or
special interest funders.\72\ It will empower ordinary
Americans to make their small contributions matter as greatly
as large contributions to candidates.\73\ It will free up
candidates to run competitive races solely on small dollar
donors.\74\ And it will open up the political process to new
and diverse candidates to run competitive campaigns.\75\
---------------------------------------------------------------------------
\72\See Wertheimer, supra note 50, at 3.
\73\See id.
\74\See id.
\75\See id.
---------------------------------------------------------------------------
Such voluntary public funding systems have been created in
recent years in Berkeley, CA; Portland, OR; Denver, CO;
Baltimore, MD; Montgomery County, MD; Howard County, MD; Prince
George's County, MD; Suffolk County, NY; and Seattle, WA.\76\
Existing public financing systems have been updated recently in
New York City, Los Angeles, CA, Maine, and Connecticut.\77\
---------------------------------------------------------------------------
\76\See id.
\77\Id.
---------------------------------------------------------------------------
One of the most successful public funding programs is in
New York City, which matches donations up to $175 and where the
vast majority of candidates participate.\78\ A Brennan Center
study found that ``participating city candidates raised money
from 90 percent of the city's census blocs, as compared to
roughly 30 percent for state assembly candidates (who do not
receive public matching dollars) running in the same
areas.''\79\
---------------------------------------------------------------------------
\78\See Weiser, supra note 4, at 20.
\79\Id.
---------------------------------------------------------------------------
As established in H.R. 1, the small dollar financing of
Congressional campaigns will provide a 6-to-1 match of
contributions of $200 or less for participating candidates. It
would cap the total amount of matching funds for a candidate to
half of the average of the 20 most expensive winning campaigns
in the previous cycle. To qualify for participation, candidates
must raise at least $50,000 in small dollar contributions from
at least 1,000 individuals during the qualifying period.
Participating candidates agree to only raise funds from
qualified small dollar contributions, matching funds,
nonqualified contributions of up to $1,000 (which are not
subject to the match), personal funds, and certain political
committees. Multicandidate committees and party committees may
contribute to participating candidates, but only if the
contributions come from segregated accounts that only raise
funds pursuant to the requirements for small dollar
contributions.
H.R. 1 will also revise and modernize the presidential
public financing system. For decades, presidential candidates
of both major political parties used the system to fund their
political campaigns. The system fell into disrepair and has not
kept pace with changes in how campaigns raise money,
particularly with the rise in ``soft money'' in the 1990s and
with the explosive growth of Super PACs after Citizens United.
H.R. 1 will provide a matching system for primary presidential
campaigns and increases the grant amount that is made available
during the general election.
All matching funds for the small dollar financing programs
will come from the Freedom From Influence Fund. No appropriated
funds will be used for the Freedom From Influence Fund.
Matching fund payments are subject to a mandatory reduction in
case of insufficient amounts in the Freedom From Influence
Fund.
The Supreme Court has upheld the constitutionality of
voluntary public financing programs. In Buckley v. Valeo, it
held that such alternative ways of financing campaigns ``reduce
the deleterious influence of large campaign contributions on
our political process'' and ``facilitate communication by
candidates with the electorate.''\80\ It went on to describe
public funding programs as ``a congressional effort, not to
abridge, restrict, or censor speech, but rather . . . to
facilitate and enlarge public discussion and participation in
the electoral process, goals vital to a self-governing
people.''\81\ In 2011, the Court held that ``governments may
engage in public financing of election campaigns and that doing
so can further significant government interest[s], such as the
state interest in preventing corruption.''\82\
---------------------------------------------------------------------------
\80\Buckley, 424 U.S. at 91.
\81\Id. at 92-93.
\82\Arizona Free Enterprise Club's Freedom PAC v. Bennett, 546 U.S.
721 (2011).
---------------------------------------------------------------------------
Help America Run Act
In addition to the small dollar empowerment programs, H.R.
1 includes the Help America Run Act, which is designed to
promote the ability of more people, including those of modest
means, to run for office. Current regulations allow candidates
to pay themselves salaries, although this is not a feasible
option for some candidates, particularly first-time candidates.
This provision of H.R. 1 will allow nonincumbent candidates to
cover specific expenses such as childcare, elder care, health
insurance, and other necessities. It is essential that new
pathways be opened to candidates for political office so that
our Congress can reflect the people that it represents.
In sum, these programs reduce opportunity for corruption,
increase electoral competition, and expand citizen
participation so that government works for and is accountable
to the people.
Campaign Finance--Independent Spending and Coordination
As discussed above, the Supreme Court held in Buckley that
contribution limits are justified by a constitutional interest
in curbing corruption and the appearance of corruption. At the
same time, the Court has struck down limits on ``independent''
spending, most recently in Citizens United, on the theory that
independent spending is attenuated from candidates and does not
pose the same danger of corruption or its appearance.
Still, due to a patchwork of laws and nonenforcement by the
Federal Election Commission, new types of Super PACs have
sprung up in recent years that essentially operate as close
arms of candidate campaigns while claiming to be independent.
Such single-candidate Super PACs raised more than $176 million
in the midterm 2018 alone, and more than $834 million in the
2016 presidential election.\83\
---------------------------------------------------------------------------
\83\2018 Outside Spending by Single-Candidate Super PACs, https://
www.opensecrets.org/outsidespending/summ.php?chrt=V&type=C.
---------------------------------------------------------------------------
According to the nonpartisan Center for Responsive
Politics, these types of Super PACs:
focus almost exclusively on one candidate, either by
advertising in support of that candidate or attacking
his or her opponents. Like other Super PACs, they can
raise and spend unlimited amounts of money, so they
provide a convenient way for wealthy supporters to
contribute large sums to bolster their favored
candidates. Though Super PACs are supposed to operate
independently and refrain from coordinating their
strategy with someone running for office, these groups
are often created and run by individuals with very
close ties to the candidates they support.\84\
\84\Id.
---------------------------------------------------------------------------
The ultimate concern here is that single-candidate Super
PACs, and other unregulated coordinated spending, can be used
to circumvent and eviscerate candidate contribution limits that
would otherwise apply. If spending by outside groups and
candidates is not actually independent--and it is coordinated--
then expenditures are treated as in-kind contributions to
candidates under federal law.\85\ Such contributions are
subject to source prohibitions and contribution limits. This is
in keeping with the Supreme Court's decision in Buckley, which
found that campaign expenditures coordinated with candidates
can be treated as contributions to the candidate, because the
``ultimate effect is the same as if the [spender] had
contributed the dollar amount [of the expenditure] to the
candidate.''\86\
---------------------------------------------------------------------------
\85\11 C.F.R. Sec. 109.20; 109.21.
\86\Buckley, 424 U.S. at 36-37.
---------------------------------------------------------------------------
To be clear, the Supreme Court has said that independent
spending must be done ``totally independently;''\87\ ``not
pursuant to any general or particular understanding with a
candidate,''\88\ ``without any candidate's approval (or wink or
nod),''\89\ and must be ``truly independent.''\90\
---------------------------------------------------------------------------
\87\Buckley, 424 U.S. at 47.
\88\Colorado Republican Federal Campaign Committee v. FEC, 518 U.S.
604, 614 (1996).
\89\FEC v. Colorado Republican Federal Campaign Committee, 533 U.S.
431, 442 (2001).
\90\Id. at 465.
---------------------------------------------------------------------------
H.R. 1 uses these Court decisions to establish updated
coordination standards to address the rise of single-candidate
Super PACs and other types of coordinated spending. Its purpose
is to ensure spending is truly independent, including by
establishing new standards for ``coordinated spenders'' that
are based on relationships between outside spenders and
candidates. Revising coordination rules, as provided in the
bill, furthers the government's interest in curbing corruption
and the appearance of corruption.
Importantly, there are express protections in place to
ensure that advocacy and lobbying activities are unaffected by
updated coordination rules. For example, H.R. 1 makes clear
that there can be no finding of coordination based solely on
sharing of information regarding legislative or policy
positions.
Reforming the Federal Election Commission
The mission of the Federal Election Commission is to
administer and enforce federal campaign finance law. It plays a
critical role in ensuring that the public has access to data
about the raising and spending of money to influence federal
elections, and it provides advice and guidance to candidates
and others seeking to comply with federal campaign finance law.
Unfortunately, the Commission has not been fulfilling its
mission. Former FEC Chair Ann Ravel told the New York Times in
2015 that ``the likelihood of the laws being enforced is slim.
. . . People think the F.E.C. is dysfunctional. It's worse than
dysfunctional.''\91\
---------------------------------------------------------------------------
\91\Eric Lichtblau, ``FEC Can't Curb 2016 Election Abuse,
Commission Chief Says,'' N.Y. Times, May 2, 2015, https://
www.nytimes.com/2015/05/03/us/politics/fec-cant-curb-2016-election-
abuse-commission-chief-says.html.
---------------------------------------------------------------------------
An analysis by former Commissioner Ravel's office found
that the Commission--made up of 6 members, no more than three
of whom can be from the same political party--has dramatically
increased in the number of deadlocked substantive votes between
2006 and 2016.\92\ Whereas in 2006, only 4.2% of enforcement
cases had at least one deadlocked vote, in 2016, 37.5% of all
enforcement cases had a deadlocked vote. Fines dramatically
reduced in the intervening year, and the Commission has failed
to enact new regulations post-Citizens United to address the
rise of secret, dark money in elections.
---------------------------------------------------------------------------
\92\Office of Commissioner Ann M. Ravel, ``Dysfunction and
Deadlock: The Enforcement Crisis at the Federal Election Commission and
the Unlikelihood of Draining the Swamp,'' February 2017, https://
classic.fec.gov/members/ravel/ravelreport_feb2017.pdf.
---------------------------------------------------------------------------
The Commission has been encumbered by numerous management
challenges as well, including multiyear vacancies on the
Commission itself and in key offices. The Commission has not
had a permanent General Counsel in more than 5 years, for
example.
The result has been a lack of clear enforcement and
guidance concerning campaign finance law.
H.R. 1 reforms the FEC to fulfill its mission, while
guarding against arbitrary and partisan enforcement of campaign
finance law. It reduces the Commission from six to five
commissioners, of whom no more than two can be affiliated with
the same political party. An odd number of commissioners will
avoid the inaction and dysfunction that comes with the current
partisan split, as well as provide for an independent or minor
party commissioner to break partisan ties. It also provides for
a ``blue-ribbon'' advisory panel to suggest potential nominees
to the President that are made public. This provides some
accountability to the appointment process.
Each commissioner, including the Chair, would be appointed
to a single six-year term and would be ineligible for holdover
status for more than one year. Currently, every member of the
current Commission is sitting in holdover status on expired
terms until the Senate confirms their successor. All of the
currently-seated commissioners were appointed during the Bush
Administration and none have been replaced during the
subsequent two presidencies.
H.R. 1 also reforms the enforcement process to empower the
General Counsel's office to make initial findings and
recommendations, subject to Commission override. It is designed
to reduce the growing backlog of enforcement cases, which
numbered at 326 in February 2019.\93\
---------------------------------------------------------------------------
\93\Tweet by FEC Chair Ellen L. Weintraub, Feb. 7, 2019, https://
twitter.com/EllenLWeintraub/status/1093534694828883969.
---------------------------------------------------------------------------
Strengthening High Ethical Standards in Congress
Americans have witnessed an unprecedented torrent of
ethical scandals emanating from Washington and the Trump
Administration. From nepotism and influence peddling, to misuse
of public funds, to self-enrichment, President Trump, his
Administration, and other elected officials have stress-tested
our ethics laws and exposed new loopholes that H.R. 1 will
close. Cabinet and other senior officials have faced dozens of
ethics and conflict-of-interest investigations that have led to
their resignation and cast a cloud over their tenure.\94\ The
``revolving door'' continues to spin between private industry
and public service, all while the Office of Government Ethics
lacks key tools to best uphold the public interest in high
ethical standards.
---------------------------------------------------------------------------
\94\Bloomberg, ``Trump Team's Conflicts and Scandals: An
Interactive Guide,'' Jan. 25, 2019, https://www.bloomberg.com/graphics/
trump-administration-conflicts/.
---------------------------------------------------------------------------
Ultimately, the cynicism emanating from these scandals
threatens to undermine confidence in all levels of government,
including Congress. According to Gallup, Americans' job
approval rating for Congress stands at approximately 20
percent.\95\ About half of the public said it had ``very
little'' confidence in the institution.\96\
---------------------------------------------------------------------------
\95\Gallup, ``Congress and the Public,'' Jan. 2019, https://
news.gallup.com/poll/1600/congress-public.aspx.
\96\Gallup, ``Confidence in Institutions (2018),'' https://
news.gallup.com/poll/1597/confidence-institutions.aspx.
---------------------------------------------------------------------------
Americans run for Congress to make a difference in their
communities and to steward the public interest. Bolstering high
ethical standards will improve trust in the institution.
Ultimately, reforms to ethics and transparency rules that apply
to Congress improve democratic accountability.
H.R. 1 enacts new congressional ethics reforms as part of
this process. First, it requires Members of Congress to
reimburse Treasury for amounts paid as settlements and awards
under the Congressional Accountability Act of 1995 in all cases
of employment discrimination acts by Members.
It also codifies the conflict of interest rules for Members
of Congress and Congressional staff. It prohibits Members,
House officers, and other employees of the House from using
their position to introduce or help pass legislation for
pecuniary gain.
It will shine a light on influence-seeking by requiring FEC
campaign finance reports to be linked with Lobbying Disclosure
Act reports. This will help voters hold elected officials and
special interests accountable to the public interest and follow
how levers of influence are linked.
Finally, the bill will require all reports from federal
agencies mandated by Congress to be published online in a
searchable and downloadable database. This strengthens the
public's access to information.
Hearings
On February 14, 2019, the Committee held a hearing titled
``For the People: Our American Democracy'' to consider many of
the concerns addressed by H.R. 1. The following witnesses
testified: Chiraag Bains, Director of Legal Strategies, Demos;
Wendy Weiser, Director, Democracy Program, Brennan Center for
Justice at NYU School of Law; Fred Wertheimer, President,
Democracy 21; The Honorable Kim Wyman Secretary of State, State
of Washington; Alejandro Rangel-Lopez Senior at Dodge City High
School, Dodge City, Kansas, and plaintiff in LULAC & Rangel-
Lopez v. Cox; Peter Earle, Wisconsin Civil Rights Trial Lawyer;
Brandon A. Jessup, Data Science and Information Systems
Professional; Executive Director, Michigan Forward; and David
Keating, President, Institute for Free Speech.
Committee Consideration
On Tuesday, February 26, 2019, the Committee met in open
session and ordered the bill, H.R. 1, as amended, favorably
reported to the House by a rollcall vote of 6 to 3, a quorum
being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that the
following rollcall votes occurred during the Committee's
consideration of H.R. 1:
1. Motion to report H.R. 1, as amended, favorably was
agreed to by a rollcall vote of 6 to 3. The vote was as
follows:
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Ms. Lofgren...................... X ....... ......... Mr. Davis (IL)..... ....... X .........
Mr. Raskin....................... X ....... ......... Mr. Walker......... ....... X .........
Ms. Davis (CA)................... X ....... ......... Mr. Loudermilk..... ....... X .........
Mr. Butterfield.................. X ....... .........
Ms. Fudge........................ X ....... .........
Mr. Aguilar...................... X ....... .........
----------------------------------------------------------------------------------------------------------------
2. The Lofgren amendment in the nature of a substitute as
amended to H.R. 1 was agreed to by a rollcall vote of 6 to 3.
The vote was as follows:
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Ms. Lofgren...................... X ....... ......... Mr. Davis (IL)..... ....... X .........
Mr. Raskin....................... X ....... ......... Mr. Walker......... ....... X .........
Ms. Davis (CA)................... X ....... ......... Mr. Loudermilk..... ....... X .........
Mr. Butterfield.................. X ....... .........
Ms. Fudge........................ X ....... .........
Mr. Aguilar...................... X ....... .........
----------------------------------------------------------------------------------------------------------------
3. An amendment offered by Mr. Davis of Illinois to strike
section 1001 was defeated by a rollcall vote of 2 to 5. The
vote was as follows:
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Ms. Lofgren...................... ....... X ......... Mr. Davis (IL)..... X ....... .........
Mr. Raskin....................... ....... ....... ......... Mr. Walker......... X ....... .........
Ms. Davis (CA)................... ....... X ......... Mr. Loudermilk..... ....... ....... .........
Mr. Butterfield.................. ....... X .........
Ms. Fudge........................ ....... X .........
Mr. Aguilar...................... ....... X .........
----------------------------------------------------------------------------------------------------------------
4. An amendment offered by Mr. Davis of Illinois to strike
section 1012(d) was defeated by a rollcall vote of 2 to 5. The
vote was as follows:
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Ms. Lofgren...................... ....... X ......... Mr. Davis (IL)..... X ....... .........
Mr. Raskin....................... ....... ....... ......... Mr. Walker......... X ....... .........
Ms. Davis (CA)................... ....... X ......... Mr. Loudermilk..... ....... ....... .........
Mr. Butterfield.................. ....... X .........
Ms. Fudge........................ ....... X .........
Mr. Aguilar...................... ....... X .........
----------------------------------------------------------------------------------------------------------------
5. An amendment offered by Mr. Davis of Illinois to strike
section 1013 was defeated by a rollcall vote of 2 to 5. The
vote was as follows:
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Ms. Lofgren...................... ....... X ......... Mr. Davis (IL)..... X ....... .........
Mr. Raskin....................... ....... ....... ......... Mr. Walker......... X ....... .........
Ms. Davis (CA)................... ....... X ......... Mr. Loudermilk..... ....... ....... .........
Mr. Butterfield.................. ....... X .........
Ms. Fudge........................ ....... X .........
Mr. Aguilar...................... ....... X .........
----------------------------------------------------------------------------------------------------------------
6. An amendment offered by Mr. Davis of Illinois to strike
section 1014 was defeated by a rollcall vote of 3 to 5. The
vote was as follows:
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Ms. Lofgren...................... ....... X ......... Mr. Davis (IL)..... X ....... .........
Mr. Raskin....................... ....... ....... ......... Mr. Walker......... X ....... .........
Ms. Davis (CA)................... ....... X ......... Mr. Loudermilk..... X ....... .........
Mr. Butterfield.................. ....... X .........
Ms. Fudge........................ ....... X .........
Mr. Aguilar...................... ....... X .........
----------------------------------------------------------------------------------------------------------------
7. An amendment offered by Mr. Walker to strike section
1015(a)(2) was defeated by a rollcall vote of 3 to 4. The vote
was as follows:
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Ms. Lofgren...................... ....... X ......... Mr. Davis (IL)..... X ....... .........
Mr. Raskin....................... ....... ....... ......... Mr. Walker......... X ....... .........
Ms. Davis (CA)................... ....... X ......... Mr. Loudermilk..... X ....... .........
Mr. Butterfield.................. ....... X .........
Ms. Fudge........................ ....... X .........
Mr. Aguilar...................... ....... ....... .........
----------------------------------------------------------------------------------------------------------------
8. An amendment offered by Mr. Davis of Illinois to strike
section 1017 was defeated by a rollcall vote of 2 to 4. The
vote was as follows:
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Ms. Lofgren...................... ....... X ......... Mr. Davis (IL)..... X ....... .........
Mr. Raskin....................... ....... ....... ......... Mr. Walker......... ....... ....... .........
Ms. Davis (CA)................... ....... X ......... Mr. Loudermilk..... X ....... .........
Mr. Butterfield.................. ....... X .........
Ms. Fudge........................ ....... X .........
Mr. Aguilar...................... ....... ....... .........
----------------------------------------------------------------------------------------------------------------
9. An amendment offered by Mr. Davis of Illinois to strike
section 1019(b) was defeated by a rollcall vote of 2 to 5. The
vote was as follows:
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Ms. Lofgren...................... ....... X ......... Mr. Davis (IL)..... X ....... .........
Mr. Raskin....................... ....... ....... ......... Mr. Walker......... ....... ....... .........
Ms. Davis (CA)................... ....... X ......... Mr. Loudermilk..... X ....... .........
Mr. Butterfield.................. ....... X .........
Ms. Fudge........................ ....... X .........
Mr. Aguilar...................... ....... X .........
----------------------------------------------------------------------------------------------------------------
10. An amendment offered by Mr. Loudermilk to strike
section 1019(e) was defeated by a rollcall vote of 2 to 4. The
vote was as follows:
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Ms. Lofgren...................... ....... X ......... Mr. Davis (IL)..... X ....... .........
Mr. Raskin....................... ....... ....... ......... Mr. Walker......... ....... ....... .........
Ms. Davis (CA)................... ....... X ......... Mr. Loudermilk..... X ....... .........
Mr. Butterfield.................. ....... X .........
Ms. Fudge........................ ....... ....... .........
Mr. Aguilar...................... ....... X .........
----------------------------------------------------------------------------------------------------------------
11. An amendment offered by Mr. Davis of Illinois to
strike section 1031 was defeated by a rollcall vote of 2 to 4.
The vote was as follows:
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Ms. Lofgren...................... ....... X ......... Mr. Davis (IL)..... X ....... .........
Mr. Raskin....................... ....... ....... ......... Mr. Walker......... ....... ....... .........
Ms. Davis (CA)................... ....... X ......... Mr. Loudermilk..... X ....... .........
Mr. Butterfield.................. ....... X .........
Ms. Fudge........................ ....... ....... .........
Mr. Aguilar...................... ....... X .........
----------------------------------------------------------------------------------------------------------------
12. An amendment offered by Mr. Loudermilk to strike
section 1041 was defeated by a rollcall vote of 2 to 4. The
vote was as follows:
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Ms. Lofgren...................... ....... X ......... Mr. Davis (IL)..... X ....... .........
Mr. Raskin....................... ....... ....... ......... Mr. Walker......... ....... ....... .........
Ms. Davis (CA)................... ....... X ......... Mr. Loudermilk..... X ....... .........
Mr. Butterfield.................. ....... X ......... ................... ....... ....... .........
Ms. Fudge........................ ....... ....... ......... ................... ....... ....... .........
Mr. Aguilar...................... ....... X ......... ................... ....... ....... .........
----------------------------------------------------------------------------------------------------------------
13. An amendment offered by Mr. Davis of Illinois to strike
section 1502 was defeated by a rollcall vote of 2 to 4. The
vote was as follows:
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Ms. Lofgren...................... ....... X ......... Mr. Davis (IL)..... X ....... .........
Mr. Raskin....................... ....... ....... ......... Mr. Walker......... ....... ....... .........
Ms. Davis (CA)................... ....... X ......... Mr. Loudermilk..... X ....... .........
Mr. Butterfield.................. ....... X ......... ................... ....... ....... .........
Ms. Fudge........................ ....... ....... ......... ................... ....... ....... .........
Mr. Aguilar...................... ....... X ......... ................... ....... ....... .........
----------------------------------------------------------------------------------------------------------------
14. An amendment offered by Mr. Davis of Illinois to strike
section 1504 was defeated by a rollcall vote of 3 to 5. The
vote was as follows:
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Ms. Lofgren...................... ....... X ......... Mr. Davis (IL)..... X ....... .........
Mr. Raskin....................... ....... ....... ......... Mr. Walker......... X ....... .........
Ms. Davis (CA)................... ....... X ......... Mr. Loudermilk..... X ....... .........
Mr. Butterfield.................. ....... X ......... ................... ....... ....... .........
Ms. Fudge........................ ....... X ......... ................... ....... ....... .........
Mr. Aguilar...................... ....... X ......... ................... ....... ....... .........
----------------------------------------------------------------------------------------------------------------
15. An amendment offered by Mr. Loudermilk to strike
section 1601 was defeated by a rollcall vote of 2 to 4. The
vote was as follows:
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Ms. Lofgren...................... ....... X ......... Mr. Davis (IL)..... X ....... .........
Mr. Raskin....................... ....... ....... ......... Mr. Walker......... ....... ....... .........
Ms. Davis (CA)................... ....... X ......... Mr. Loudermilk..... X ....... .........
Mr. Butterfield.................. ....... X ......... ................... ....... ....... .........
Ms. Fudge........................ ....... ....... ......... ................... ....... ....... .........
Mr. Aguilar...................... ....... X ......... ................... ....... ....... .........
----------------------------------------------------------------------------------------------------------------
16. An amendment offered by Mr. Loudermilk to strike
section 1611 was defeated by a rollcall vote of 2 to 4. The
vote was as follows:
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Ms. Lofgren...................... ....... X ......... Mr. Davis (IL)..... X ....... .........
Mr. Raskin....................... ....... ....... ......... Mr. Walker......... ....... ....... .........
Ms. Davis (CA)................... ....... X ......... Mr. Loudermilk..... X ....... .........
Mr. Butterfield.................. ....... X ......... ................... ....... ....... .........
Ms. Fudge........................ ....... ....... ......... ................... ....... ....... .........
Mr. Aguilar...................... ....... X ......... ................... ....... ....... .........
----------------------------------------------------------------------------------------------------------------
17. An amendment offered by Mr. Davis of Illinois to strike
section 1621 was defeated by a rollcall vote of 2 to 4. The
vote was as follows:
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Ms. Lofgren...................... ....... X ......... Mr. Davis (IL)..... X ....... .........
Mr. Raskin....................... ....... ....... ......... Mr. Walker......... ....... ....... .........
Ms. Davis (CA)................... ....... X ......... Mr. Loudermilk..... X ....... .........
Mr. Butterfield.................. ....... X ......... ................... ....... ....... .........
Ms. Fudge........................ ....... ....... ......... ................... ....... ....... .........
Mr. Aguilar...................... ....... X ......... ................... ....... ....... .........
----------------------------------------------------------------------------------------------------------------
18. An amendment offered by Mr. Loudermilk to strike
section 1811 was defeated by a rollcall vote of 3 to 6. The
vote was as follows:
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Ms. Lofgren...................... ....... X ......... Mr. Davis (IL)..... X ....... .........
Mr. Raskin....................... ....... X ......... Mr. Walker......... X ....... .........
Ms. Davis (CA)................... ....... X ......... Mr. Loudermilk..... X ....... .........
Mr. Butterfield.................. ....... X ......... ................... ....... ....... .........
Ms. Fudge........................ ....... X ......... ................... ....... ....... .........
Mr. Aguilar...................... ....... X ......... ................... ....... ....... .........
----------------------------------------------------------------------------------------------------------------
19. An amendment offered by Mr. Davis of Illinois to strike
section 1901 was defeated by a rollcall vote of 3 to 6. The
vote was as follows:
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Ms. Lofgren...................... ....... X ......... Mr. Davis (IL)..... X ....... .........
Mr. Raskin....................... ....... X ......... Mr. Walker......... X ....... .........
Ms. Davis (CA)................... ....... X ......... Mr. Loudermilk..... X ....... .........
Mr. Butterfield.................. ....... X ......... ................... ....... ....... .........
Ms. Fudge........................ ....... X ......... ................... ....... ....... .........
Mr. Aguilar...................... ....... X ......... ................... ....... ....... .........
----------------------------------------------------------------------------------------------------------------
20. An amendment offered by Mr. Loudermilk to strike
section 1904 was defeated by a rollcall vote of 3 to 6. The
vote was as follows:
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Ms. Lofgren...................... ....... X ......... Mr. Davis (IL)..... X ....... .........
Mr. Raskin....................... ....... X ......... Mr. Walker......... X ....... .........
Ms. Davis (CA)................... ....... X ......... Mr. Loudermilk..... X ....... .........
Mr. Butterfield.................. ....... X ......... ................... ....... ....... .........
Ms. Fudge........................ ....... X ......... ................... ....... ....... .........
Mr. Aguilar...................... ....... X ......... ................... ....... ....... .........
----------------------------------------------------------------------------------------------------------------
21. An amendment offered by Mr. Walker to add new subtitle
prohibiting the collection and transmission of ballots by third
parties was defeated by a rollcall vote of 2 to 6. The vote was
as follows:
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Ms. Lofgren...................... ....... X ......... Mr. Davis (IL)..... X ....... .........
Mr. Raskin....................... ....... X ......... Mr. Walker......... X ....... .........
Ms. Davis (CA)................... ....... X ......... Mr. Loudermilk..... ....... ....... .........
Mr. Butterfield.................. ....... X ......... ................... ....... ....... .........
Ms. Fudge........................ ....... X ......... ................... ....... ....... .........
Mr. Aguilar...................... ....... X ......... ................... ....... ....... .........
----------------------------------------------------------------------------------------------------------------
22. An amendment offered by Mr. Davis of Illinois to add
three new subtitles prohibiting provision of funds to persons
advocating for enactment was defeated by a rollcall vote of 3
to 5. The vote was as follows:
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Ms. Lofgren...................... ....... X ......... Mr. Davis (IL)..... X ....... .........
Mr. Raskin....................... ....... X ......... Mr. Walker......... X ....... .........
Ms. Davis (CA)................... ....... X ......... Mr. Loudermilk..... X ....... .........
Mr. Butterfield.................. ....... X ......... ................... ....... ....... .........
Ms. Fudge........................ ....... X ......... ................... ....... ....... .........
Mr. Aguilar...................... ....... ....... ......... ................... ....... ....... .........
----------------------------------------------------------------------------------------------------------------
23. An amendment offered by Mr. Davis of Illinois to strike
section 2502 was defeated by a rollcall vote of 3 to 6. The
vote was as follows:
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Ms. Lofgren...................... ....... X ......... Mr. Davis (IL)..... X ....... .........
Mr. Raskin....................... ....... X ......... Mr. Walker......... X ....... .........
Ms. Davis (CA)................... ....... X ......... Mr. Loudermilk..... X ....... .........
Mr. Butterfield.................. ....... X ......... ................... ....... ....... .........
Ms. Fudge........................ ....... X ......... ................... ....... ....... .........
Mr. Aguilar...................... ....... X ......... ................... ....... ....... .........
----------------------------------------------------------------------------------------------------------------
24. An amendment offered by Mr. Davis of Illinois to strike
Title III and replace with Secure elections Act was defeated by
a rollcall vote of 3 to 6. The vote was as follows:
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Ms. Lofgren...................... ....... X ......... Mr. Davis (IL)..... X ....... .........
Mr. Raskin....................... ....... X ......... Mr. Walker......... X ....... .........
Ms. Davis (CA)................... ....... X ......... Mr. Loudermilk..... X ....... .........
Mr. Butterfield.................. ....... X ......... ................... ....... ....... .........
Ms. Fudge........................ ....... X ......... ................... ....... ....... .........
Mr. Aguilar...................... ....... X ......... ................... ....... ....... .........
----------------------------------------------------------------------------------------------------------------
25. An amendment offered by Mr. Walker to strike section
4122 was defeated by a rollcall vote of 3 to 6. The vote was as
follows:
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Ms. Lofgren...................... ....... X ......... Mr. Davis (IL)..... X ....... .........
Mr. Raskin....................... ....... X ......... Mr. Walker......... X ....... .........
Ms. Davis (CA)................... ....... X ......... Mr. Loudermilk..... X ....... .........
Mr. Butterfield.................. ....... X ......... ................... ....... ....... .........
Ms. Fudge........................ ....... X ......... ................... ....... ....... .........
Mr. Aguilar...................... ....... X ......... ................... ....... ....... .........
----------------------------------------------------------------------------------------------------------------
26. An amendment offered by Mr. Davis of Illinois to strike
section 4208 was defeated by a rollcall vote of 3 to 6. The
vote was as follows:
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Ms. Lofgren...................... ....... X ......... Mr. Davis (IL)..... X ....... .........
Mr. Raskin....................... ....... X ......... Mr. Walker......... X ....... .........
Ms. Davis (CA)................... ....... X ......... Mr. Loudermilk..... X ....... .........
Mr. Butterfield.................. ....... X ......... ................... ....... ....... .........
Ms. Fudge........................ ....... X ......... ................... ....... ....... .........
Mr. Aguilar...................... ....... X ......... ................... ....... ....... .........
----------------------------------------------------------------------------------------------------------------
27. An amendment offered by Mr. Davis of Illinois to strike
section 5101 was defeated by a rollcall vote of 3 to 5 with one
Member abstaining. The vote was as follows:
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Ms. Lofgren...................... ....... X ......... Mr. Davis (IL)..... X ....... .........
Mr. Raskin....................... ....... X ......... Mr. Walker......... X ....... .........
Ms. Davis (CA)................... ....... X ......... Mr. Loudermilk..... X ....... .........
Mr. Butterfield.................. ....... X ......... ................... ....... ....... .........
Ms. Fudge........................ ....... ....... X ................... ....... ....... .........
Mr. Aguilar...................... ....... X ......... ................... ....... ....... .........
----------------------------------------------------------------------------------------------------------------
28. An amendment offered by Mr. Davis of Illinois to strike
section 5111 was defeated by a rollcall vote of 3 to 5 with one
Member abstaining. The vote was as follows:
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Ms. Lofgren...................... ....... X ......... Mr. Davis (IL)..... X ....... .........
Mr. Raskin....................... ....... X ......... Mr. Walker......... X ....... .........
Ms. Davis (CA)................... ....... X ......... Mr. Loudermilk..... X ....... .........
Mr. Butterfield.................. ....... X ......... ................... ....... ....... .........
Ms. Fudge........................ ....... ....... X ................... ....... ....... .........
Mr. Aguilar...................... ....... X ......... ................... ....... ....... .........
----------------------------------------------------------------------------------------------------------------
29. An amendment offered by Mr. Davis of Illinois to strike
section to require the identification for small dollar donors
under section 5111 if the aggregate of qualifying small dollar
donations from outside the district exceed $250,000 was
defeated by a rollcall vote of 3 to 6. The vote was as follows:
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Ms. Lofgren...................... ....... X ......... Mr. Davis (IL)..... X ....... .........
Mr. Raskin....................... ....... X ......... Mr. Walker......... X ....... .........
Ms. Davis (CA)................... ....... X ......... Mr. Loudermilk..... X ....... .........
Mr. Butterfield.................. ....... X ......... ................... ....... ....... .........
Ms. Fudge........................ ....... X ......... ................... ....... ....... .........
Mr. Aguilar...................... ....... X ......... ................... ....... ....... .........
----------------------------------------------------------------------------------------------------------------
30. An amendment offered by Mr. Davis of Illinois to strike
subtitle A of Title VI was defeated by a rollcall vote of 3 to
6. The vote was as follows:
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Ms. Lofgren...................... ....... X ......... Mr. Davis (IL)..... X ....... .........
Mr. Raskin....................... ....... X ......... Mr. Walker......... X ....... .........
Ms. Davis (CA)................... ....... X ......... Mr. Loudermilk..... X ....... .........
Mr. Butterfield.................. ....... X ......... ................... ....... ....... .........
Ms. Fudge........................ ....... X ......... ................... ....... ....... .........
Mr. Aguilar...................... ....... X ......... ................... ....... ....... .........
----------------------------------------------------------------------------------------------------------------
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
The objective of H.R. 1, as amended, is to improve access
to the right to vote, promote integrity, and bolster security
in our elections. It will improve transparency in campaign
spending and empower more Americans to participate in the
political process. H.R. 1 will also fortify ethics laws and
improve their enforcement. In sum, the objective is to improve
the processes of American democracy to ensure that government
is reflective and responsive to the public.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of new budget authority, entitlement
authority, or tax expenditures or revenues contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
Earmarks and Tax and Tariff Benefits
H.R. 1 contains no congressional earmarks, limited tax
benefits, or limited tariff benefits as described in clauses
9(e), 9(f), and 9(g) of House rule XXI.
Committee Cost Estimate
The Committee adopts as its own the cost estimate on H.R.
1, as amended, prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
for H.R. 1, as amended, provided by the Congressional Budget
Office pursuant to section 402 of the Congressional Budget Act
of 1974.
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 1, 2019.
Hon. Zoe Lofgren,
Chairperson, Committee on House Administration,
House of Representatives, Washington, DC.
Dear Madam Chairperson: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1, the For the
People Act of 2019.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Keith Hall,
Director.
Enclosure.
Bill Summary
H.R. 1 would amend and reform federal statutes governing
voting rights, elections, election security, campaign finance,
lobbying, and ethics, among numerous other provisions. The bill
would reauthorize several federal agencies that oversee those
statutes and provide new enforcement powers. Additionally, the
bill would create new voluntary programs to provide public
financing for elections and authorize appropriations for grants
related to election systems and security.
The bill would make significant changes to the operation of
federal elections by states, including changes to voter access
and voting systems. Those changes are primarily contained in
division A. The bill would require states to offer online voter
registration and automatic voter registration through state
agency records (such as education enrollment), to expand early
voting opportunities and permit unrestricted voting by mail, to
offer same-day voter registration on election days, and to use
voting systems that produce individual and auditable paper
ballots. Division A would authorize additional appropriations
for the Election Assistance Commission (EAC), authorize state
grant programs, and designate election infrastructure as a
critical infrastructure subsector under the Homeland Security
Act.
Division B would address campaign finance transparency,
oversight, and enforcement. The bill would amend the Federal
Election Campaign Act (FECA) to extend contribution and
expenditure restrictions on foreign-controlled corporations and
super political action committees (PACs), to broaden FECA
disclosure and reporting requirements to cover entities not
subject to contribution limits, and to apply disclosure and
disclaimer requirements to paid online and digital
communications.
The bill would establish a pilot program to provide
campaign contribution vouchers to eligible voters and a
voluntary public financing system for campaigns for the House
of Representatives. Similarly, the bill would amend the
existing presidential public financing system. Expenditures for
those programs would be limited to amounts designated in the
proposed Freedom From Influence Fund. The bill would provide no
source of funds for the Freedom From Influence Fund; without
funding, those programs would not be implemented and thus those
provisions would have no cost.
H.R. 1 would restructure the Federal Election Commission
(FEC), reduce the size of the FEC to five commissioners, and
invest the chair with new powers.
Division C would amend some existing ethics statutes,
particularly concerning conflicts of interest and federal
lobbying. Under the bill, Members of Congress would be required
to reimburse the Treasury for certain payments under the
Congressional Accountability Act.
Estimated Federal Cost
The estimated budgetary effects of H.R. 1 are shown in
Table 1. Most costs of the legislation fall within budget
function 800 (general government).
TABLE 1--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION FOR SELECTED PROVISIONS\a\
----------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
----------------------------------------------------------------------------
2019 2020 2021 2022 2023 2024 2019-2024
----------------------------------------------------------------------------------------------------------------
Voting System Grants:
Authorization.................. 1,020 175 0 175 0 175 1,545
Estimated Outlays.............. 345 603 199 89 106 78 1,420
Election Assistance Grants:
Estimated Authorization........ 500 0 100 50 50 50 750
Estimated Outlays.................. 10 200 200 240 50 50 750
HHS Grants:
Estimated Authorization........ 0 50 25 25 25 25 150
Estimated Outlays.............. 0 50 25 25 25 25 150
EAC Reauthorization:
Authorization.................. 0 10 10 10 10 10 50
Estimated Outlays.............. 0 10 10 10 10 10 50
Bounty Program:
Estimated Authorization........ 0 11 11 11 11 11 55
Estimated Outlays.............. 0 11 11 11 11 11 55
Other DHS Provisions:
Estimated Authorization........ 2 3 1 3 1 3 13
Estimated Outlays.............. 2 3 1 3 1 3 13
Total Changes
Estimated Authorization.... 1,522 249 147 274 97 274 2,563
Estimated Outlays.......... 357 877 446 378 203 177 2,438
----------------------------------------------------------------------------------------------------------------
DHS = Department of Homeland Security, EAC = Election Assistance Commission; HHS = Department of Health and
Human Services.
a CBO has completed an estimate of most discretionary costs under H.R. 1, however, CBO has not completed an
estimate of some provisions that might cost tens of millions of dollars.
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted in 2019 and that the specified and
estimated amounts will be appropriated for each fiscal year,
including supplemental amounts in 2019. Estimated outlays are
based on historical patterns for existing and similar
activities.
Spending Subject to appropriation
CBO estimates that H.R. 1 would authorize the appropriation
of about $2.6 billion over the 2019-2024 period. Assuming
appropriation of the specified and estimated amounts, CBO
estimates that implementing those provisions would cost $2.4
billion over the same period. CBO has not completed an estimate
of some of the bill's provisions with costs that are subject to
annual appropriation, but expects those costs would total tens
of millions of dollars.
Voting System Grants. Sections 3001 and 3011 would
authorize the appropriation of $1,545 million over the 2019-
2024 period for the EAC to make grants to states to improve
voting technology and reduce cybersecurity vulnerabilities in
election infrastructure. States could use those grants to
acquire new voting systems, provide cybersecurity training to
election officials, conduct security risk and vulnerability
assessments, and other related activities. Based on historical
data from the EAC, CBO estimates that those efforts would cost
about $1.5 billion over the 2019-2014 period.
Election Assistance Grants. Section 1017 would authorize
the appropriation of $500 million in 2019 and whatever amounts
are necessary in future years primarily for the EAC to provide
grants to states to implement online and automatic voter
registration. States would have to allow people to register to
vote online or through an automated telephone-based system.
States also would have to allow voters to update their voter
information online. Based on the experience of the EAC with
other efforts to improve voting-systems, the number of states
eligible, and the costs to create and protect online systems,
CBO estimates those grants would cost $750 million over the
2019-2024 period.
Department of Health and Human Services Grants. Section
1102 would authorize the appropriation of whatever amounts are
necessary for the Department of Health and Human Services (HHS)
to provide states with grants to make polling places more
accessible to people with disabilities. Based on the cost of
similar programs, CBO estimates that implementing the provision
would cost $150 million over the 2019-2024 period.
Election Assistance Commission Reauthorization. Section
1911 would permanently authorize the appropriation of operating
funds for the EAC. Based on the amounts provided in recent
years, CBO estimates that provision would cost $50 million over
the 2020-2024 period.
Bounty Program. Section 3402 would authorize the Department
of Homeland Security (DHS) to establish a program to improve
the cybersecurity of the systems used to administer federal
elections. The program would facilitate and encourage
assessments by independent technical experts in cooperation
with state and local election officials to identify and report
cybersecurity vulnerabilities. Using information about similar
programs in other federal agencies, including the Department of
Defense Hack the Pentagon program, CBO estimates that
implementing the program would cost $55 million over the 2019-
2024 period.
Other Department of Homeland Security Provisions. H.R. 1
also would require the EAC and DHS to complete a variety of
reports, analyses, and other administrative actions aimed at
securing the election process. Those measures include providing
security clearances to state election officials, testing voting
systems for compliance with cybersecurity guidelines, and
establishing a national commission to protect democratic
institutions. CBO estimates that, in total, implementing those
measures would cost $13 million over the 2019-2024 period.
Other Programs. CBO has not had sufficient time to estimate
the costs of several other provisions of H.R. 1, including ones
that would require:
Grants to be made by the Department of
Education to institutions of higher education to
register students to vote provided;
A voter information and response hotline to
be established and operated by the Department of
Justice;
Grants to be made by the National Institute
of Standards and Technology for studies on voting by
people with disabilities provided; and
Reimbursements from the EAC to be made to
states for the costs of tracking and confirming
acceptance of absentee ballots.
Freedom from influence fund
Section 541 would establish an account in the Treasury to
be known as the Freedom From Influence Fund. That fund would be
the sole source of funding for three programs: the My Voice
Voucher Pilot Program (proposed in section 5100), a program to
match certain small-dollar contributions to election campaigns
for the House of Representatives (proposed in section 5111) and
the matching funds for Presidential election campaigns program
(as amended in section 5200).
CBO expects that the cost of operating those programs could
exceed $1 billion over the next 10 years, but because H.R. 1
would not authorize any funds to be deposited into the Freedom
From Influence Fund, any costs to implement the voucher pilot
program and the two programs to provide matching funds would be
attributed to future legislation that would provide funds for
that Treasury account and not to H.R. 1. Those programs are
briefly described below.
My Voice Voucher Pilot Program. The FEC would be required
to establish a pilot program in three states to reimburse those
states for the cost of providing a voucher worth $25 to any
eligible voter in the state to be used for campaign
contributions in $5 increments for candidates for the House of
Representatives. The pilot program would operate during the
2022 and 2024 campaign cycles. Each state participating in the
pilot program would be limited to receiving $10 million in
reimbursements from the federal government for each of the two
campaign cycles (six states over two election cycles). The
vouchers could be used as donations to qualify for the matching
program for U.S. House elections.
Matching Funds for Elections for the House of
Representatives. H.R. 1 would create a program to match certain
qualifying campaign contributions with federal funds for
candidates running to serve in the House of Representatives who
choose to comply with the program's requirements. Generally,
candidates would be able to accept campaign contributions of
$200 or less from individual donors to receive federal matching
funds at the rate of $6 for every $1 raised from donors.
Eligible candidates would need to meet certain other
fundraising thresholds, and the bill would limit the total
matching funds available to any individual candidate. The bill
would not limit the total cost of providing matching funds for
all participating candidates.
Presidential Campaign Matching Funds Program. Under current
law, candidates for President can choose to participate in a
program that matches certain campaign contributions with
federal funds. (No candidates have participated in that program
since 2008.) H.R. 1 would modify the current program to
increase the federal match rate of qualifying private donations
to $6 for each $1 contributed. Under the bill, the only source
of funding for the amended program would be the Freedom From
Influence Fund, and the program would not begin operations
until the start of the 2028 presidential campaign cycle.
Pay-As-You-Go considerations: None.
Increase in Long-Term Direct Spending and Deficits: None.
Mandates
CBO has not reviewed title I or section 2502 of H.R. 1 for
intergovernmental or private-sector mandates. Section 4 of the
Unfunded Mandates Reform Act excludes from the application of
that act any legislative provision that enforces constitutional
rights of individuals. CBO has determined that both title I and
section 2502 fall within that exclusion because they enforce
constitutional rights related to voting.
Other provisions of H.R. 1 would impose intergovernmental
and private sector mandates as defined in the Unfunded Mandates
Reform Act (UMRA). CBO estimates the cost of the mandates would
fall below the annual thresholds for intergovernmental and
private-sector mandates established in UMRA ($82 million and
$164 million in 2019, respectively, adjusted annually for
inflation).
Intergovernmental Mandates
Section 3303 would impose an intergovernmental mandate by
requiring states to submit a report on the voting system each
jurisdiction in the state plans to use, which would include
details on how each jurisdiction would use electronic poll
books and other equipment. The new report would be due 120 days
before each regularly scheduled federal election. Because
states report extensively on their election activities and have
previously reported similar information, CBO estimates the cost
of the mandate would be small.
Private-Sector Mandates
H.R. 1 would impose numerous private-sector mandates on
candidates for federal office, campaign committees, political
entities, and advertising platforms, among other entities.
Several of the mandates, listed in more detail below, would
prohibit entities from engaging in certain activities. In
general, those mandates would not impose costs because they do
not require any action on the part of the mandated entities.
However, several sections would expand existing mandates,
particularly those related to campaign finance disclosure and
reporting. CBO expects that the aggregate cost of complying
with these mandates would be small because most of the mandated
entities are already subject to some form of disclosure and
reporting requirements. For such entities, the new duties would
impose only minor additional administrative costs.
Campaign Finance and Disclosure Duties. Mandates related to
campaign finance and fundraising laws would restrict certain
contribution activities, require advertisement disclaimers, and
considerably increase the volume of certain activities that
must be reported to the FEC.
Section 4101 would extend FECA's prohibition
on foreign nationals' making campaign contributions and
expenditures to include corporations or partnerships
that meet certain foreign ownership criteria. Because
those entities may operate domestically, they would be
considered private-sector entities under UMRA; thus,
the new restrictions would be mandates on these
entities.
Section 4102 would require certain corporate
PACs to certify that their segregated campaign funds
are not controlled by foreign nationals.
Section 4111 would impose reporting
requirements on covered organizations that make
campaign-related disbursements greater than $10,000
during a reporting cycle. This provision would require
organizations to submit a statement to the FEC, as
applicable, that identifies any beneficial owners of
the organization; certifies that disbursements are not
made in coordination with candidates, committees, or
parties; and describes receipts and disbursements in
greater detail.
Sections 4205 and 4206 would amend the
definitions of public communication and electioneering
communication under FECA to include paid online and
digital communications. Entities making such
communications online, therefore, would be required to
comply with existing FECA disclosure mandates.
Section 4207 would establish special
disclaimer rules for certain Internet or digital
communications placed by political entities. The bill
would require that covered communications state the
name of the person who paid for the communication or
provide a source for that information.
Sections 4208 would require certain online
platforms that sell political advertisements and meet
minimum traffic thresholds to maintain a public
database of requests to purchase qualified political
advertisements in excess of $500 annually. This section
also would require those entities to retain other
information, including copies of the advertisements and
purchasing information.
Section 4209 would require television and
radio broadcasters and online platforms to make
reasonable efforts to ensure that campaign
communications are not purchased by foreign nationals.
Section 4302 would require the sponsors of
campaign communications made on the Internet to
identify the source of funding for such communications
if not authorized by candidates or committees.
Section 4303 would require the sponsors of
prerecorded campaign telephone calls to identify the
source of funding for such communications in the phone
call. Sections 4302 and 4303 extend an existing
disclosure mandate under FECA to cover such
communications.
Section 6102 would add coordinated
expenditures between candidates, parties, and super
PACs to the definition of contribution under FECA,
which would extend existing disclosure and reporting
requirements to those expenditures.
Section 6103 would prohibit federal
candidates from soliciting or receiving funds from, or
transferring funds to, entities, including super PACs,
that are not subject to certain FECA requirements.
Section 9202 would require political
committees, people making independent expenditures, and
people making electioneering communications to disclose
whether those persons or certain donors are lobbyists
registered under the Lobbying Disclosure Act.
Presidential Inaugural Committees. Section 4702 would
impose private-sector mandates on presidential inaugural
committees and on individuals making donations to or handling
donations for such committees. The section would prohibit
inaugural committees from soliciting or receiving donations
from an entity that is not an individual or is a foreign
national and would require the committee to report
contributions and disbursements to the FEC. Additionally, the
section would limit the aggregate amount an individual may
donate to an inaugural committee to $50,000 and would prohibit
any person from making a donation to an inaugural committee in
the name of another person or converting a donation to personal
use. CBO estimates the cost to comply with those mandates would
be negligible because the additional reporting requirements are
an extension of similar requirements in current law. The
prohibitions would impose no direct costs on the mandated
entities.
Estimate prepared by: Federal Costs: Matthew Pickford, Dan
Ready, and Aldo Prosperi; Mandates: Andrew Laughlin.
Estimate reviewed by: Kim Cawley, Chief, Natural and
Physical Resources; David Newman, Chief, Defense, International
Affairs, and Veterans' Affairs Unit; Susan Willie, Chief,
Public and Private Mandates Unit; H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis; Theresa Gullo,
Assistant Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates regarding H.R. 1, as amended, prepared by the Director
of the Congressional Budget Office pursuant to section 423 of
the Unfunded Mandates Reform Act.
Non-Duplication of Federal Programs
Pursuant to clause 3(c)(5) of House rule XIII, the
committee states that no provision of this resolution
establishes or reauthorizes a program of the Federal Government
known to be duplicative of another Federal program, a program
that was included in any report from the Government
Accountability Office to Congress pursuant to section 21 of
Public Law 111-139, or a program related to a program
identified in the most recent Catalog of Federal Domestic
Assistance.
Advisory Committee Statement
H.R. 1 does not establish or authorize any new advisory
committees.
Applicability to Legislative Branch
H.R. 1 does not apply to terms and conditions of employment
or to access to public services or accommodations within the
legislative branch.
Section-by-Section Analysis of the Legislation
DIVISION A--VOTING
Title I--Election Access
Subtitle A--Voter Registration Modernization
Section 1000. Short title; statement of policy
This section states that it is the policy of the United
States that all eligible citizens should have free and fair
access to the vote, and that the integrity, security, and
accountability of the voting process must be vigilantly
protected.
Part 1--Promoting Internet Registration
Section 1001. Requiring availability of Internet for voter registration
This section would amend the National Voter Registration
Act to require the availability of online application,
assistance, completion, submission, and receipt of voter
registration applications. It would allow online signature
through use of state agency databases, submitting a
supplemental paper copy, a verified electronic copy, or other
state-established means. It directs States to allow voters who
complete all other parts of the online voter registration,
except for the signature verification, to submit a signature
upon requesting a ballot in person or by mail. Requires States
to inform potential voters about the signature process and
their rights. Requires States to certify receipt of online
voter registration applications and update potential voters on
the status and outcome of their application in a timely and
direct manner by email and/ or postal mail. Requires that
services are provided in a nonpartisan manner. Requires the
protection of all information provided online. Requires that
state ensure services in this section are made available to
individuals with disabilities to the same extent as others.
Allows states to use a telephone-based system that provides the
same services as are available online. Requires that voters
registered online be treated the same as those registered by
mail.
Section 1002. Use of Internet to update registration information
This section would allow registered voters to update their
registration information online. It would require States to
send receipts of registration update and notice of disposition
of the request. It would require that, within 7 days of an
election official accepting or rejecting updated information,
that an official send the requesting individual notice of the
disposition of the update.
Section 1003. Provision of election information by electronic mail to
individuals registered to vote
This section would add a space to voter registration forms
for applicants to provide email addresses. Restricts the use of
voter's email address to official election purposes only.
Requires that voters who provide an email address be sent an
email not later than seven days before an election including
providing information on how the voter may obtain, by
electronic means, the name and address of their polling place,
the hours of operation of said polling place, and a description
of any identification required.
Section 1004. Clarification of requirement regarding necessary
information to show eligibility to vote
This section would clarify that States shall consider an
applicant to have provided a valid voter registration form if
the applicant substantially completes the application and
attestation and, in the case of online registration, the
applicant provides a signature.
Section 1005. Effective date
This section provides that, with limited exceptions, this
subtitle takes effect on January 1, 2020.
Part 2--Automatic Voter Registration
Section 1011. Short title; findings and purpose
States the short title of this section is the ``Automatic
Voter Registration Act of 2019.'' Finds the right to vote is a
fundamental right of citizens, that the State and Federal
government are charged with ensuring every eligible citizen is
registered to vote, and that existing voter registration
systems are underinclusive and must be updated. Establishes the
purpose of the bill to enable governments to register all
eligible citizens, to modernize voter registration, and to
protect and enhance the integrity, accuracy, efficiency, and
accessibility of the U.S. electoral process.
Section 1012. Automatic registration of eligible individuals
This section would require chief State election officials
to establish an automatic voter registration system that
complies with this Act. Defines an automatic voter registration
system, where unless the individual affirmatively declines to
be registered, the individual will be registered to vote.
Requires the chief State election official to register eligible
individuals within 15 days of receiving transmitted information
and to notify the individual of their voter status within 120
days of such information being transmitted. Outlines the
notification and opt-out process for one-time automatic voter
registration for existing contributing agency records in a
manner that allows individuals to choose or decline a party
affiliation, correct erroneous information, and learn more
about the process. Directs chief State election officials to
complete the one-time automatic voter registration within 45
days of sending notice, unless the individual declines to
register. Allows eligible individuals above age 16 and under
age 18 to participate in the automatic voter registration
process.
Section 1013. Contributing agency assistance in registration
This section would require contributing agencies to assist
the chief State election official in registering all eligible
individuals served by the agency. Directs each contributing
agency, including institutions of higher education, to inform
confirmed, eligible citizens of the automatic voter
registration process, update, and need to select a party
affiliation if required by State law--unless they exercise
their right to decline or do not meet the Federal
qualifications. Each contributing agency shall ensure that
every individual has the opportunity to decline to be
registered to vote. Unless the individual declines during the
30-day notice period, each contributing agency will
electronically transmit the voter registration information to
the chief State election official in a compatible format.
Further, this section prescribes that the individual's
name, date of birth, address, proof of citizenship, date
information was collected or updated, electronic signature if
available, political party affiliation, and any additional
information required for Federal office is included in the
transmission. Provides an alternate procedure for certain
contributing agencies, including institutions of higher
education that do not request confirmation of citizenship
information from individuals. Requires each contributing agency
to provide an opportunity for individuals to register to vote
every time the individual applies for service or assistance,
without regard to whether an individual previously declined a
registration opportunity. Defines State and Federal
contributing agencies--including institutions of higher
education that receive Federal funds. Requires the chief State
election official to publish the list of contributing agencies
180 days in advance of a Federal election. Directs the chief
State election official to educate the public about the
automatic voter registration process.
Section 1014. One-time contributing agency assistance in registration
of eligible voters in existing records
Prescribes the timeline for the initial transmission of
information.
Section 1015. Voter protection and security in automatic registration
This section would provide protections against errors in
automatic registration by affirming that a person engaging in
intentional fraud in registration or voting is still punishable
and prevents adverse Federal and State consequences for a
person who is ineligible and did not know that the person
should decline or did not mean to become registered. Prohibits
a contributing agency from collecting information on who
declines registration and prohibits election officials'
disclosure of which contributing agency a person visited.
Limits the use of voter registration records in contexts other
than voter registration, election administration, and
prosecution of election crimes. Requires that each State
maintain, and make publicly available electronically, records
of changes to voter records, including removals, reasons for
removals, and updates, for at least 2 years. Requires the
National Institute of Standards and Technology to establish
enhanced privacy and security standards for how states maintain
the voter rolls and protect voters' privacy, and requires that
such standards be uniform and nondiscriminatory, and applied in
a uniform and nondiscriminatory manner. States must comply with
and publish those compliance standards.
Further, this section would require that the chief State
election official adopt a policy specifying each class of users
with authorized access to the computerized statewide voter
registration list and their level of access, and set forth
safeguards to protect the privacy, security, and accuracy of
the information on the list. Requires the chief executive
officer of the state to annually file with the Election
Assistance Commission (EAC) certifying compliance with the
privacy and security standards offered by the National
Institute of Standards and Technology. Failure to timely file
such certification will result in a State not receiving payment
under this section for the upcoming fiscal year. Allows that in
the case of a State that requires State legislation to carry
out an activity covered by the certification, for a period of
not more than 2 years the State shall be permitted to make the
certification notwithstanding that the legislation has not been
enacted at the time the certification is submitted, and such
State shall submit an additional certification once such
legislation is enacted. Restricts usage of information,
providing no one acting under color of law may discriminate
against any individual based on their voter registration
records, decision to decline to register, or their voter
registration status. Further prohibits use of voter
registration information for commercial purposes.
Section 1016. Registration portability and correction
This section would permit registered voters to update and
correct their voter registration information at the polling
station and cast a regular ballot based upon the most current
information. Requires election officials to update statewide
voter registration lists with the updated or corrected
information provided by the voter.
Section 1017. Payments and grants
This section would authorize the EAC to distribute grants
to the states, monitor their use, and allocate funding based on
a set of priority investments, including technological upgrades
and public education. Authorizes an appropriation of
$500,000,000 beginning in fiscal year 2019 to implement this
Subtitle, authorizes such sums as may be necessary for each
succeeding fiscal year, and permits funds to be available until
expended.
Section 1018. Treatment of exempt States
This section would clarify the treatment and availability
of funds for exempt States, including states that provide
automatic voter registration through the motor vehicle
authority of the State or through the permanent Dividend Fund
of the State.
Section 1019. Miscellaneous provisions
This section would require contributing agencies to ensure
that registration services are equally available to individuals
with disabilities. Permits contributing agencies to contract
with a third party to enable a secure transmission of voter
data. Reiterates that contributing agencies must provide
services in a nonpartisan, nondiscriminatory manner. Permits a
State to communicate with an individual by email if provided
and mandates that, for notices that require a response, the
notified individual must be offered the opportunity to respond
at no cost. Clarifies that civil enforcement and the private
rights of action outlined in the National Voter Registration
Act apply to this section. Explains that this subtitle does not
impact other voting rights and election administration
statutes.
Section 1020. Definitions.
This section provides definitions for Part 2 of the bill.
Section 1021. Effective date
This section provides that the effective date for States
begins on January 1, 2021, although the EAC may grant
extensions through Jan. 1, 2023 if a State certifies to the
Commission it will not meet compliance deadlines because of
extraordinary circumstances and includes reasons for the
failure to meet said deadline.
Part 3--Same Day Voter Registration
Section 1031. Same day registration
This section mandates that each State permit an eligible
individual to register to vote on the day of a Federal election
or when voting is allowed in a Federal election, such as early
voting, and further allows already-registered voters to update
or correct registration information. Excepts states with no
voter registration requirement from this mandate. Requires
compliance in time for the regularly scheduled general election
for Federal office of November 2020.
Part 4--Conditions on Removal on Basis of Interstate Cross-Checks
Section. 1041. Conditions on removal of registrants from official list
of eligible voters on basis of interstate cross-checks
This section maintains other conditions on removal and
additionally prohibits a State election official from removing
a voter deemed ineligible in a cross-State check from a
registration list unless the State obtained the voter's full
name, date of birth, and last four digits of their Social
Security number or obtained documentation from the Electronic
Registration Information Center (ERIC) system that the voter is
no longer a resident of the State. Requires cross-checks to be
completed at least six months ahead of an election.
Part 5--Other Initiatives to Promote Voter Registration
Section. 1051. Annual reports on voter registration statistics
This section would require each State to submit an annual
report to Congress and the EAC on voter registration statistics
prescribed by this Title. The report will not share any voter
identifying information.
Part 6--Availability of Help America Vote Act Requirement Payments
Section 1061. Availability of requirements payments under HAVA to cover
costs of compliance with new requirements
This section provides that a State may use a requirements
payment to carry out any of the requirements of the Voter
Registration Modernization Act of 2019.
Part 7--Prohibiting Interference with Voter Registration
Section 1071. [RESERVED]
Section 1072. Establishment of Best Practices
This section would require the EAC to develop and publish
best practice recommendations for States to educate voters,
poll workers, and election officials about illegal interference
with the registration and voting process.
Subtitle B--Access to Voting for Individuals with Disabilities
Section 1101. Requirements for States to promote access to voter
registration and voting for individuals with disabilities
This section would mandate the availability of absentee
ballots for individuals with disabilities. Allows for
individuals with disabilities to request and receive, by mail
or electronically, registration forms and absentee ballots.
Requires State to accept and process any otherwise valid voter
registration or absentee ballot application from an individual
with a disability if received by appropriate State election
official within the deadline for the election applicable under
Federal law. Provides absentee ballots no later than 45 days
prior to an election, when the request has been received at
least 45 days prior to an election. Mandates a single state
office responsible for providing voting-related information to
individuals with disabilities. Requires states to provide means
of electronic communication of information related to
registration, voting, etc. Includes guidance to ensure that
absentee ballots sent to voters with disabilities are the same
as those returned. Includes hardship exemption for states
incapable of providing electronic transmissions, which must be
approved by the Attorney General.
Section 1102. Expansion and reauthorization of grant program to assure
voting access for individuals with disabilities
This section would provide grants for making absentee
voting and voting at home accessible, making polling places
accessible, and providing accessibility solutions that are
universally designed and provide the same opportunities to vote
for individuals with and without disabilities.
Subtitle C--Prohibiting Voter Caging
Section 1201. [RESERVED]
Section 1202. Development and adoption of best practices for preventing
voter caging
Mandates that EAC develop best practices to deter and
prevent voter caging, include such practices in voter
information materials, and provide information on how
individuals may report allegations of violations of this
prohibition on voter caging.
Subtitle D--Prohibiting Deceptive Practices and Preventing Voter
Intimidation
[RESERVED]
Subtitle E--Democracy Restoration
[RESERVED]
Subtitle F--Promoting Accuracy, Integrity, and Security Through Voter-
Verified Permanent Paper Ballot
Section 1501. Short title
This section provides that this subtitle may be cited as
the ``Voter Confidence and Increased Accessibility Act of
2019.''
Section 1502. Paper ballot and manual counting requirements
This section would amend the Help America Vote Act of 2002
to require individual, durable, voter-verified, paper ballots.
Votes must be counted by hand or optical character recognition
device. Provides voter an opportunity to correct ballot.
Ballots are not preserved in any manner that makes it possible
to associate a voter to the ballot without the voter's consent.
Paper ballots constitute an official ballot and shall be used
for any recount or audit. Applies paper ballot requirement to
all ballots cast in elections for Federal office, including
ballots cast by absent uniformed services voters and overseas
voters under the Uniformed and Overseas Citizens Absentee
Voting Act and other absentee voters. Provides a special rule
for treatment of disputes when paper ballots have been shown,
by clear and convincing evidence, to be compromised, and in
such numbers that the results of the election could be changed.
Provides that the appropriate remedy shall be made in
accordance with applicable State law, except that the
electronic tally may not be used as the exclusive basis for
determining the official certified result. Ensures that the
entire process retains alternative language accessibility
standards.
Section 1503. Accessibility and ballot verification for individuals
with disabilities
This section would ensure that individuals with
disabilities and others are given an equivalent opportunity to
vote, including with privacy and independence, in a manner that
produces a voter-verified paper ballot as for other voters.
Allows the voter to privately and independently verify the
permanent paper ballot through the presentation, in accessible
form, of the printed or marked vote selections from the same
printed or marked information that would be used for any vote
counting or auditing; and allows the voter to privately and
independently verify and cast the permanent paper ballot
without requiring the voter to manually handle the paper
ballot.
Authorizes $5,000,000 for the Director of the National
Science Foundation to make grants to at least three entities to
study, test, and develop accessible paper ballots for public
use to enhance accessibility for voters with disabilities,
voters whose primary language is not English, and/or voters who
have difficulties with literacy.
Section 1504. Durability and readability requirements for ballots
This section would require that all voter-verified ballots
are printed on durable paper that is able to maintain the
accuracy and integrity of the ballot over repeated handling.
Section 1505. Effective date for new requirements
This section would require each State and jurisdiction be
in compliance on and after January 1, 2020.
Subtitle G--Provisional Ballots
Section 1601. Requirements for counting provisional ballots;
establishment of uniform and nondiscriminatory standards
This section would require that a provisional ballot shall
be counted for statewide election, notwithstanding at which
polling place it was cast. Each State shall establish uniform
and nondiscriminatory standards for the issuance, handling, and
counting of provisional ballots for elections held on or after
January 1, 2020.
Subtitle H--Early Voting
Section 1611. Early Voting
This section would require early voting in Federal
elections to occur for at least 15 consecutive days, including
weekends, of no less than 4 uniform hours each day, and notes
that the early voting should occur within walking distance to
public transportation. Requires the EAC to establish voluntary
early voting standards. Standards shall include the
nondiscriminatory geographic placement of polling places at
which such voting occurs. Standards shall permit States, upon
providing adequate public notice, to deviate from any
requirement in the case of unforeseen circumstances such as a
natural disaster, terrorist attack, or a change in voter
turnout. Makes this section effective to elections held on or
after January 1, 2020.
Subtitle I--Voting by Mail
Section 1621. Voting by Mail
This section would prohibit any additional conditions or
requirements to voting by mail, other than deadlines for
requesting and returning the ballot. Requires State to verify
voter's identity by signature comparison in order for absentee
ballot to be accepted. Provides due process protections
specific to signature verification, including provision of an
immediate notice and opportunity to cure any discrepancy before
making final determination on ballot's validity. Also notes an
election official may not determine signature discrepancy
unless at least two officials make the same determination, and
each official has received training in procedures to verify
signatures. State or local election officials will ensure that
the ballot and voting materials are received by the individual
at least two weeks before the date of a Federal election or as
expeditiously as possible if the State's deadline to request a
ballot is less than two weeks. Ensures that all absentee
ballots and voting materials are equally accessibly to voters
with disabilities. Establishes that State and local elected
officials must accept any otherwise-appropriate ballot
postmarked on or before the date of a Federal election.
Certifies that this title has no effect on ballots cast by
military and overseas voters. The effective date of this
section is on or after January 1, 2020. Directs the EAC to
establish voluntary vote by mail standards by June 30, 2020.
Directs National Institute of Standards, in consultation with
EAC, to develop standards for use of biometric methods which
can be used voluntarily in place of signature verification
requirements for purposes of verifying identity of individual
voting by absentee ballot in Federal election. Provides for
notice and comment, and publication of standards not later than
a year after enactment of this Act.
Subtitle J--Absent Uniformed Services Voters and Overseas Voters
Section 1701. Pre-election reports on availability and transmission of
absentee ballots
This section would require reports 55 days prior to an
election certifying that absentee ballots will be available for
uniformed services voters and overseas voters by not later than
45 days prior to election. Requires report 43 days prior to
election confirming that ballots have been sent. Not later than
90 days after election, requires report on combined number of
absentee ballots transmitted to absent uniformed services
voters and overseas voters and the combined number of such
ballots that were returned by such voters and cast in the
election.
Section 1702. Enforcement
This section would enable the Attorney General to bring a
civil action for declaratory or injunctive relief. Allows civil
penalty up to $110,000 for first and up to $220,000 for each
subsequent violation. The Attorney General must report to
Congress by end of each year on any civil actions brought
against states. Provides for private right of action for
declaratory or injunctive relief. Clarifies that the State is
the only necessary party defendant. Makes the effective date of
this section the day of enactment of this Act.
Section 1703. Revisions to 45-day absentee ballot transmission rule
This section would require express delivery of ballots if a
State misses the 45-day deadline. Requires States to enable
express delivery for ballots to be returned if sent fewer than
40 days prior to election. Clarifies 45 days prior to an
election, or most recent weekday which proceeds 45th day in
case of weekend or public holiday.
Section 1704. Use of single absentee ballot application for subsequent
elections
This section would require States to send absentee ballots
for each subsequent election after an official post card form
has been submitted, except for when a voter notifies the State
that voter no longer wishes to be registered to vote in the
State or has registered in another State or is otherwise no
longer eligible to vote in the State. Prohibits State from
refusing an application for absentee ballot because it was sent
before the first date on which the State otherwise accepts.
Section 1705. Effective date
This section would provide that this subtitle applies to
every election occurring after January 1, 2020.
Subtitle K--Poll Worker Recruitment and Training
Section 1801. [RESERVED]
Section 1802. Grants to States for poll worker recruitment and training
This section would provide that the EAC may make grants to
States for recruiting and training non-partisan poll workers.
Grant recipients must use EAC materials. Amount of grant equal
to product of aggregate amount made available for grants to
States under this section and proportion of voting age
population of the state. States must submit reports 6 months
after final grant is made. Election Assistance Commission must
submit report to Congress no later than one year after grant is
made.
Section 1803. State defined
This section would define the term ``State'' to include the
District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.
Subtitle L--Enhancement of Enforcement
Section 1811. Enhancement of enforcement of Help America Vote Act of
2002
This section would permit an individual to file a
complaint, with Attorney General, to a State-based
administrative complaint processing entity. Provides for a
private right of action. Does not affect any administrative
remedies made available by the State. This title applies to any
violation for Federal elections held beginning in 2020.
Subtitle M--Federal Election Integrity
Section 1821. Prohibition on campaign activities by chief State
election administration officials
This section provides that Chief State election
administration officials may not take part in a Federal office
campaign over which such official has supervisory authority,
including serving as a member of an authorized committee of a
candidate, using official authority to affect the result, or
taking part in contributions on behalf of any candidate.
Exception for when official or immediate family member is a
candidate, as long as the official recuses themselves from all
official responsibilities for the administration of such
election, and the official who then assumes those
responsibilities for supervising the administration of the
election does not report directly to such official. Defines
immediate family member as a father, mother, son, daughter,
brother, sister, husband, wife, father-in-law, or mother-in-
law. Federal elections held after December 2019 must comply
with this section.
Subtitle N--Promoting Voter Access Through Election Administration
Improvements
Part 1--Promoting Voter Access
Section 1901. Treatment of universities as voter registration agencies
This section would designate institutions of higher
education as voter registration agencies subject to the
requirements of the National Voter Registration Act if the
institution does not already serve as a contributing agency for
the purpose of the automatic voter registration provisions of
the bill. Requires an institution to designate a Campus Vote
Coordinator, who shall provide assistance and information to
students related to voting and registering to vote. Authorizes
the Secretary of Education to administer grants to institutions
that exceed the ``good faith'' requirements of paragraph 23 of
the Higher Education Act. Includes a sense of Congress that
students of these institutions have the options of registering
either in the state of the institution or the state of their
domicile.
Section 1902. Minimum notification requirements for voters affected by
polling place changes
This section would require States to notify an individual,
not later than 7 seven days before election, that a voter's
polling place has changed. If the reassignment is made fewer
than seven days before the election and the individual appears
on the date of the election at the previously-assigned polling
place, the State must make every reasonable effort to enable
the individual to vote on the date of the election.
Section 1903. [RESERVED]
Section 1904. Permitting use of sworn written statement to meet
identification requirements for voting
This section would provide that if a State has an
identification requirement, the State shall permit any
individual who is not a first-time voter who registered by
mail, to submit a sworn written statement under penalty of
perjury to attest to the individual's identification and
eligibility to vote in a Federal election. Requires EAC to
create a standardized form for this purpose, to ensure forms
are clear and prevent any state effort that, inadvertently or
otherwise, causes the voter ID alternative form to be
intimidating or confusing. Applicable States must provide a
pre-printed copy of the certification statement at polling
places or with absentee ballot information. Any individual who
presents a sworn written statement shall be permitted to cast a
regular ballot in the same manner as an individual who presents
identification. Requires States to include information about
the right for voters to sign a sworn, written statement in all
voting information material posted at the polling place. This
section is applicable upon enactment.
Section 1905. [RESERVED]
Section 1906. Reimbursement for costs incurred by States in
establishing program to track and confirm receipt of absentee
ballots
This section would enable States to use Help America Vote
Act funds for the costs of establishing a program to establish
an absentee ballot tracking program with respect to Federal
elections. The program should collect information on whether
the vote was counted, and if the vote was not counted explain
the justification for its exclusion. Permits State and local
officials to use a toll-free telephone number for voters to
obtain this information if the State or local election office
does not have an Internet site. The State must submit a
statement certifying the creation of an absentee ballot
tracking program and costs incurred with the program to the EAC
in order to receive a payment for this program. Reimbursements
may not exceed the product of the number of jurisdictions in
which the State is responsible for operating the program and
$3,000. Such sums as necessary are authorized for the purpose
of the section, and these funds are available until expended.
Section 1907. Voter information response systems and hotline
This section would require the Attorney General to develop
a state-based response system and hotline that provides
information on voting, including voter registration, location
and hours of polling places, and how to obtain absentee
ballots, and provides immediate assistance to individuals
encountering problems with registering to vote or voting.
Attorney General shall ensure that the response system &
hotline are developed in consultation with civil rights and
voting rights organizations, State and local election
officials, voter protection groups, and other interested
community organizations, especially those that have experience
in the operation of similar systems and services. Hotline
allows individuals to report information on problems
encountered in registering or voting, including intimidation or
suppression. Hotline must be usable by individuals with
disabilities and those with limited proficiency in the English
language. Establishes a Task Force to provide ongoing analysis
of operation of Hotline. In determining members, there is a
preference to civil rights organizations. To be eligible to
serve on the Task Force, one must not have been convicted of
any criminal offense relating to voter intimidation or
suppression. Terms last for two years, and the position is
uncompensated. Requires the Attorney General to report to
Congress no later than March 1st every odd-numbered year,
description of the reports made, assessment of the
effectiveness of the service, and any recommendations developed
by the Task Force. Appropriates such sums as may be necessary
and notes that not less than 15% of appropriations must be used
for public awareness of availability of Hotline with an
emphasis on outreach to individuals with disabilities and
individuals with limited English language proficiency.
Part 2--Improvements in Operation of Election Assistance
Section 1911. Reauthorization of Election Assistance Commission
This section would provide for reauthorization of the EAC.
Section 1913. Requiring states to participate in post-general election
surveys
This section would require each State to comply with any
EAC request for a post-election survey following any regularly
scheduled general election for Federal office beginning in
November 2020.
Section 1914. Reports by National Institute of Standards and Technology
on use of funds transferred from Election Assistance Commission
This section would require the Director of the National
Institute of Standards and Technology to certify, at the time
of any transfer of funds from the EAC, that the Director will
submit a report to the Commission within 90 days of the end of
the fiscal year detailing how the Director used the funds. This
section is applicable beginning in fiscal year 2020.
Section 1915. Recommendations to improve operations of Election
Assistance Commission
This section would direct the EAC to assess the security,
cybersecurity, and effectiveness of the Commission's
information technology systems. Requires the EAC to carry out a
review of the effectiveness and efficiency of the State-based
Help America Vote Act administrative complaint procedures for
the investigation and resolution of allegations and violations.
Requires the Commission to submit a report to Congress, not
later than December 31, 2019 on these findings and
recommendations to streamline and improve administrative
procedures.
Section 1916. Repeal of exemption of Election Assistance Commission
from certain government contracting requirements
This section would repeal certain existing contracting
exemptions for the EAC.
Part 3--Miscellaneous Provisions
Section 1921. Application of laws to Commonwealth of Northern Mariana
Islands
This section would amend the National Voter Registration
Act of 1993 and the Help America Vote Act of 2002 to include
the Commonwealth of the Northern Mariana Islands, alongside the
States and the District of Columbia.
Section 1922. No effect on other laws
This section would provide that, except as specifically
provided, nothing in this subtitle may be construed to
authorize or require conduct prohibited under the following
laws, or to supersede, restrict, or limit the application of
such laws: The Voting Rights Act of 1965, The Voting
Accessibility for the Elderly and Handicapped Act, The
Uniformed and Overseas Citizens Absentee Voting Act, The
National Voter Registration Act of 1993, The Americans with
Disabilities Act of 1990, and the Rehabilitation Act of 1973.
Provides that the approval of a payment or grant under this
title, or any action taken under this title, shall have no
effect on preclearance or other requirements under the Voting
Rights Act. Provides that nothing in this title or its
amendments may be construed to prohibit States from providing
greater opportunities to register to vote or vote than are
provided by this title, creating a floor and not a ceiling for
State action.
Subtitle O--Severability Clause
Section 1931. Severability
This section would establish severability such that the
application of the provisions of this title and amendments made
by this title shall not be affected by a holding finding any
provision of the title or amendment made by the title
unconstitutional.
Title II--Election INTEGRITY
Subtitle A--[RESERVED]
Subtitle B--[RESERVED]
Subtitle C--[RESERVED]
Subtitle D--[RESERVED]
Subtitle E--[RESERVED]
Subtitle F--Saving Eligible Voters from Voter Purging
Section 2501. Short Title
This section would provide that this subtitle may be cited
as the ``Stop Automatically Voiding Eligible Voters Off Their
Enlisted Rolls in States Act'' or the ``Save Voters Act.''
Section 2502. Conditions for Removal of Voters from List of Registered
Voters
This section would, in response to the Supreme Court
decision in Husted v. A. Philip Randolph Institute (584 U.S.
___; 138 S. Ct. 1833 (2018)) amend the National Voter
Registration Act (NVRA) and the Help American Vote Act (HAVA)
to prohibit states from using failure to vote as a trigger to
begin a process of removing voters from the voter rolls.
Currently, states must have ``objective and reliable evidence''
of an address change in order for the removal process to begin.
Sets out conditions for removal from official list of
registered voters, and provides that the following shall not be
treated as objective and reliable evidence: failure to vote in
any election, failure to respond to notice under NVRA unless
returned as undeliverable, or failure to take any other action
with respect to voting or one's status as a registrant. Also
requires States to send individualized notice to removed
registrant not later than 48 hours after removal, including the
grounds for the removal, and how to contest removal or be
reinstated. Provides exceptions for registrant who confirms in
writing ineligibility to vote or is confirmed deceased.
Requires public notice that list maintenance is taking place
and registrants should check their registration status no later
than 48 hours after conducting any general program to remove
the names of ineligible voters from the official list of
eligible voters. Provides that a state may not transmit a
removal notice to registrant unless State obtains objective and
reliable evidence that the registrant has changed residence to
a place outside the registrar's jurisdiction. Also amends HAVA
to include the ``objective and reliable evidence'' standard to
ensure that failure to vote does not trigger the HAVA removal
process.
Subtitle G--No Effect on Authority of States to Provide Greater
Opportunities for Voting
Section 2601. No Effect on Authority of States to Provide Greater
Opportunities for Voting
This section would provide that nothing in this title or
its amendments may be construed to prohibit States from
providing greater opportunities to register to vote or vote
than are provided by this title, creating a floor and not a
ceiling for State action.
Subtitle H--Severability Clause
Section 2701. Severability
This section would establish severability such that the
application of the provisions of this title and amendments made
by this title shall not be affected by a holding finding any
provision of the title or amendment made by the title
unconstitutional.
Title III--Election Security
Subtitle A--Financial Support for Election Infrastructure
Part 1--Voting System Security Improvement Grants
Sec. 3001. Grants for Obtaining Compliant Paper Ballot Voting Systems
and Carrying Out Voting System Security Improvements
This section would amend Subtitle D of Part II of the Help
America Vote Act of 2002 to direct the EAC to make available
grants for states to replace voting machines that are not
compliant paper ballot voting systems or do not meet the most
recent voluntary voting systems guidelines promulgated by the
Commission, as well as carry out voting system security
improvements. Compliant paper ballot voting systems must meet
the requirements of the Voter Confidence and Increased
Accessibility Act of 2019.
Further, provides that the amount of a grant made to a
State shall be determined by the Commission but shall not be
less than $1 multiplied by the average number of individuals
who cast votes in any two of the most recent regularly
scheduled general elections for Federal Office held in the
State. In the event that Congress appropriates insufficient
funds to provide States the amount directed under subsection
(b), there shall be a pro rata reduction. Also provides that to
the greatest extent practicable, an eligible State which
receives a grant to replace a voting system under this section
shall ensure such replacement system is capable of
administering a system of ranked choice voting.
Further, this section defines eligible voting system
improvements as: (1) The acquisition of goods and services from
qualified election infrastructure vendors by purchase, lease,
or such other arrangements as may be appropriate; (2) Cyber and
risk mitigation training; (3) A security risk and vulnerability
assessment of the State's election infrastructure which is
carried out by a provider of cybersecurity services under a
contract entered into between the chief State election official
and the provider; (4) The maintenance of election
infrastructure, including addressing risks and vulnerabilities
which are identified under either of the security risk and
vulnerability assessments described in paragraph (3), except
that none of the funds provided under this part may be used to
renovate or replace a building or facility which is used
primarily for purposes other than the administration of
elections for public office; (5) Providing increased technical
support for any information technology infrastructure that the
chief State election official deems to be part of the State's
election infrastructure or designates as critical to the
operation of the State's election infrastructure; (6) Enhancing
the cybersecurity and operations of the information technology
infrastructure described in paragraph (4); and (7) Enhancing
the cybersecurity of voter registration systems.
Defines a ``qualified election infrastructure vendor'' as
any person who provides, supports, or maintains, or who seeks
to provide, support, or maintain, election infrastructure on
behalf of a State, unit of local government, or election agency
who meets certain criteria established by the Chair of the EAC
and the Secretary of Homeland Security.
Directs the Chair of the EAC and the Secretary of Homeland
Security to include the following in the criteria a person must
meet to be considered a ``qualified election infrastructure
vendor'': (1) the vendor must be owned and controlled by a
citizen or permanent resident of the United States; (2) the
vendor must disclose to the Chairman and the Secretary, and to
the chief State election official of any State to which the
vendor provides any goods and services with funds provided
under this part, of any sourcing outside the United States for
parts of the election infrastructure; (3) the vendor agrees to
ensure that the election infrastructure will be developed and
maintained in a manner that is consistent with the
cybersecurity best practices issued by the Technical Guidelines
Development Committee; (4) the vendor agrees to maintain its
information technology infrastructure in a manner that is
consistent with the cybersecurity best practices issued by the
Technical Guidelines Development Committee; (5) the vendor
agrees to meet the notification requirement defined herein with
respect to any known or suspected cybersecurity incidents
involving any of the goods and services provided by the vendor
pursuant to a grant under this part; and (6) the vendor agrees
to permit independent security testing by the Commission.
Requires ``qualified election infrastructure vendors,''
upon learning of a potential cybersecurity incident, to assess
whether such incident occurred and to notify the Chair of the
Election Assistance Commission and the Secretary of Homeland
Security within three days. The ``qualified election
infrastructure vendor'' must also inform any potentially
impacted election security agency within three days and
cooperate with agency in providing any further notifications
necessary. The ``qualified election infrastructure vendor''
must provide ongoing updates to the Chair of the Election
Assistance Commission, the Secretary of Homeland Security, and
the affected election security agency.
The notification ``qualified election infrastructure
vendors'' must provide the Chair of the Election Assistance
Commission, the Secretary of Homeland Security, and the
affected election security agency must include the following:
(1) the date, time, and time zone when the election
cybersecurity incident began, if known; (2) the date, time, and
time zone when the election cybersecurity incident was
detected; (3) The date, time, and duration of the election
cybersecurity incident; (4) the circumstances of the election
cybersecurity incident, including the specific election
infrastructure systems believed to have been accessed and
information acquired, if any; (5) Any planned and implemented
technical measures to respond to and recover from the incident;
(6) In the case of any notification which is an update to a
prior notification; and (7) any additional material information
relating to the incident, including technical data, as it
becomes available.
To be eligible for a grant, a State must: (1) describe of
how the it will use the grant to carry out the activities
authorized under this part; (2) a certify and assure that, not
later than 5 years after receiving the grant, the State will
implement risk limiting audits; and (3) provide such other
information and assurances as the Commission may require.
Requires the EAC to, not later than 90 days after the end
of each fiscal year, the Commission shall submit a report to
the appropriate congressional committees, including the
Committees on Homeland Security and House Administration of the
House of Representatives and the Committees on Homeland
Security and Governmental Affairs and Rules and Administration
of the Senate, on the activities carried out with the funds
provided under this part.
Authorizes $1 billion for FY 2019. Authorizes $175 million
for FY 2020, 2022, 2024, and 2026.
Section 3002. Coordination of Voting System Security Activities with
Use of Requirements Payments and Election Administration
Requirements under Help America Vote Act of 2002
This section would add the Secretary of Homeland Security,
or the Secretary's designee, to the Board of Advisors of the
EAC. Adds a Representative from the Department of Homeland
Security to the Technical Guidelines Development Committee.
Further, this section would direct the EAC to consult with
the Department of Homeland Security in conducting periodic
studies on election administration and adds to the objectives
of the periodic studies ensuring the integrity of elections
against interference through cyber means. Amends the allowable
uses of requirements payments under the Help America Vote Act
of 2002 to include election security, including cyber training
for election officials, technical support, enhancing
cybersecurity of information systems, and enhancing
cybersecurity of voter registration databases. Requires States
to include protection of election infrastructure into their
State plans developed pursuant to 53 U.S.C. 21004.
Requires the Committee responsible for developing State
plans pursuant to 53 U.S.C. 21004 to be comprised of
representatives from Cities, towns, Indian tribes, and rural
areas, as appropriate.
Requires States to undertake measures to prevent and deter
cybersecurity incidents, as identified by the Commission, the
Secretary of Homeland Security, and the Technical Guidelines
Development Committee, of computerized voter registration
databases.
Section 3003. Incorporation of Definitions
Amends the Help America Vote Act to include the definitions
of ``cybersecurity incident'' (6 U.S.C. 148), ``election
infrastructure'' (Election Security Act), and ``State''
(States, DC, Puerto Rico, Guam, American Samoa, USVI, Northern
Mariana Islands).
Part 2--Grants for Risk-Limiting Audits of Results of Elections
Section 3011. Grants to States for Conducting Risk-Limiting Audits of
Results of Elections
This section would authorize $20 million in grants for the
EAC to provide to States to implement risk-limiting audits for
regularly scheduled general elections for Federal office.
Describes risk-limiting audit. Establishes guidelines for
eligibility of States to receive funding, including requiring
States to certify that: (1) it will conduct risk-limiting
audits of the results of elections for Federal offices within
five years; (2) the Chief election official of the State will
establish rules and procedures for performing risk-limiting
audits within one year of enactment; (3) the audit will be
completed by the time the State certified election results; (4)
the State will publish a report on the results of the audit;
(5) if the audit leads to a full manual tally of an election,
State law requires the manual tally to be the official results
of the election; and (6) any other information the EAC
requires.
Section 3012. GAO Analysis of Effects of Audits
This section would require the Government Accountability
Office to do an analysis of the extent to which risk-limiting
audits have improved election administration.
Part 3--Election Infrastructure Innovation Grant Program
Section 3021. Election Infrastructure Innovation Grant Program.
[RESERVED]
Subtitle B--Security Measures
Section 3101. Election Infrastructure Designation
This section amends the Homeland Security Act of 2002 to
include ``election infrastructure'' as a subsector of the
``government facilities'' critical infrastructure sector.
Section 3102. Timely Threat Information
This section would amend the Homeland Security Act of 2002
to direct the Secretary of Homeland Security to provide timely
threat information regarding election infrastructure to the
chief State election official of the State with respect to
which such information pertains.
Section 3103. Security Clearance Assistance for Election Officials
This section would authorize the Secretary to expedite
security clearances for chief State election officials and
other appropriate State personnel involved in the
administration of elections, sponsor security clearances for
election officials, and facilitate temporary clearances for
State election officials as necessary.
Section 3104. Security Risk and Vulnerability Assessments
This section would clarify that the Department of Homeland
Security shall provide ``risk and vulnerability assessments''
as a component of ``risk management support.'' Directs the
Secretary to provide within 90 days a risk and vulnerability
assessment on election infrastructure to any State that
requests one in writing. The Secretary must notify the State if
the Department of Homeland Security is unable to commence the
risk and vulnerability assessment within 90 days.
Section 3105. Annual Reports
This section would require the Secretary of Homeland
Security to report to appropriate congressional committees,
within one year of enactment and annually thereafter through
2026, information on the Department of Homeland Security's
efforts to assist States in securing election infrastructure,
including how many States it helped, which States it helped,
how many clearances it sponsored in each State, and a list of
States for which it was unable to provide risk and
vulnerability assessments, among other things. The Secretary of
Homeland Security and the Director of National Intelligence, in
coordination with the heads of appropriate Federal agencies,
shall, 90 days after the end of each fiscal year, provide to
appropriate congressional committees a report on foreign
threats to elections, including physical and cybersecurity
threats. The Secretary of Homeland Security must solicit and
consider information for States for purposes of preparing the
reports required under this section.
Subtitle C--Enhancing Protection for United States Democratic
Institutions
Section 3201. National Strategy to Protect United States Democratic
Institutions
This section would require the Secretary of Homeland
Security, in consultation with the Secretary of Defense, the
Secretary of State, the Attorney General, the Secretary of
Education, the Director of National Intelligence, the Chairman
of the Federal Election Commission, and the heads of any other
appropriate Federal agencies, to issue a national strategy to
protect against cyber-attacks, influence operations,
disinformation campaigns, and other activities that could
undermine the security and integrity of United States
democratic institutions.
Requires the national strategy to consider: (1) The threat
of a foreign state actor, foreign terrorist organization (as
designated pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189)), or a domestic actor carrying
out a cyber-attack, influence operation, disinformation
campaign, or other activity aimed at undermining the security
and integrity of United States democratic institutions; (2) The
extent to which United States democratic institutions are
vulnerable to a cyber-attack influence operation,
disinformation campaign, or other activity aimed at undermining
the security and integrity of such democratic institutions; (3)
Potential consequences, such as an erosion of public trust or
an undermining of the rule of law that could result from a
successful cyber-attack, influence operation, disinformation
campaign, or other activity aimed at undermining the security
and integrity of United States democratic institutions; (4)
Lessons learned from other Western governments the institutions
of which were subject to a cyber-attack, influence operation,
disinformation campaign, or other activity aimed at undermining
the security and integrity of such institutions, as well as
actions that could be taken by the United States Government to
bolster collaboration with foreign partners to detect, deter,
prevent, and counter such activities; (5) Potential impacts
such as an erosion of public trust in democratic institutions
as could be associated with a successful cyber breach or other
activity negatively-affecting election infrastructure; (6)
Roles and responsibilities of the Secretary of Homeland
Security. the Chairman, and the heads of other Federal entities
and non-Federal entities, including chief State election
officials and representatives of multi-state information
sharing and analysis center; and (7) Any findings, conclusions,
and recommendations to strengthen protections for United States
democratic institutions that have been agreed to by a majority
of Commission members on the National Commission to Protect
United States Democratic Institutions, authorized pursuant to
section 32002.
Requires the President, acting through the Secretary of
Homeland Security, in Coordination with the Chair of the
Commission, to issue an implementation plan of the national
strategy within 90 days, which includes the following: (1)
strategic objectives and corresponding tasks; (2) projected
timelines and costs; and (3) metrics to evaluate performance.
Requires the strategy to be unclassified but allows a
classified annex.
Section 3202. National Commission to Protect United States Democratic
Institutions
This section would establish within the legislative branch
the National Commission to Protect United States Democratic
Institutions to counter efforts to undermine democratic
institutions with in the United States. Describes the
composition of the Commission as including 10 members appointed
for the life of the Commission as follows: (1) One member shall
be appointed by the Secretary of Homeland Security; (2) One
member shall be appointed by the Chairman; (3) 2 members shall
be appointed by the majority leader of the Senate, in
consultation with the Chairman of the Committee on Homeland
Security and Governmental Affairs and the Chairman of the
Committee on Rules and Administration; (4) 2 members shall be
appointed by the minority leader of the Senate, in consultation
with the ranking minority member of the Committee on Homeland
Security and Governmental Affairs and the ranking minority
member of the Committee on Rules and Administration; (5) 2
members shall be appointed by the Speaker of the House of
Representatives, in consultation with the Chairman of the
Committee on Homeland Security and the Chairman of the
Committee on House Administration; and (6) 2 members shall be
appointed by the minority leader of the House of
Representatives, in consultation with the ranking minority
member of the Committee on Homeland Security and the ranking
minority member of the Committee on House Administration.
Establishes that individuals shall be selected for
appointment to the Commission solely on the basis of their
professional qualifications, achievements, public stature,
experience, and expertise in relevant fields, including, but
not limited to cybersecurity, national security, and the
Constitution of the United States. Bars members from receiving
compensation for service on the Commission but permits
reimbursement of certain expenses. Requires members to be
appointed by 60 days after the date of the enactment. Provides
that a vacancy on the Commission shall not affect its powers
and shall be filled in the manner in which the original
appointment was made. The appointment of the replacement member
shall be made not later than 60 days after the date on which
the vacancy occurs.
Establishes the powers of the Commission, including the
authority to hold hearings and receive evidence, enter into
contracts to enable the Commission to perform its
responsibilities, and receive support on a reimbursable basis
from the Administrator of General Services and other Federal
agencies. Requires any public meetings to be held in a manner
that protects the information provided or developed by the
Commission. Directs Federal agencies to provide Commission
members and staff appropriate clearances expeditiously.
Authorizes the Commission to provide to the President and
Congress interim reports. Requires the Commission to Provide a
final report to the President and Congress within 18 months of
enactment. Provides that the Commission shall terminate 60 days
after the Commission submits its final report.
Subtitle D--Promoting Cybersecurity Through Improvements in Election
Administration
Section 3301. Testing of Existing Voting Systems to Ensure Compliance
with Election Cybersecurity Guidelines and Other Guidelines
This section would amend the Helps America Vote Act to
require the Commission to provide, 9 months prior to regularly
scheduled Federal elections, for the testing by accredited
laboratories under this section of the voting system hardware
and software which was certified for use in the most recent
such election, on the basis of the most recent voting system
guide lines applicable to such hardware or software (including
election cybersecurity guidelines) issued under this Act.
Requires the EAC to decertify any hardware or software the
Commission determines does not meet the most recent guidelines.
This section applies to the regularly scheduled general
election for Federal office held in November 2020 and each
succeeding regularly scheduled general election for Federal
office.
Amends the Help America Vote Act to require the Technical
Guidelines Development Committee within the EAC to, within six
months of enactment, issue election cybersecurity guidelines,
including standards and best practices for procuring,
maintaining, testing, operating, and updating election systems
to prevent and deter cybersecurity incidents.
Section 3302. Treatment of Electronic Poll Books as Part of Voting
Systems
This section would amend the Help America Vote Act of 2002
to include Electronic Poll Books as part of Voting Systems.
Defines electronic poll book as the total combination of
mechanical, electromechanical, or electronic equipment
(including the software, firmware, and documentation required
to program, control, and support the equipment) that is used:
(1) to retain the list of registered voters at a polling
location, or vote center, or other location at which voters
cast votes in an election for Federal office; and (2) to
identify registered voters who are eligible to vote in an
election.
Section 3303. Pre-Election Reports on Voting System Usage
This section would require the Chief State Election
Official of each states to submit a report to the EAC
containing detailed voting system usage information 120 prior
to any regularly scheduled election for Federal office.
Section 3304. Streamlining collection of election information
This section would waive subchapter I of chapter 35 of
title 44, United States Code for purposes of maintaining the
clearinghouse described in this section.
Subtitle E--Preventing Election Hacking
Section 3402. Election Security Bug Bounty Program
This section would require the Secretary to establish the
``Election Security Bug Bounty Program'' to improve the
cybersecurity of the systems used to administer elections for
Federal office by facilitating and encouraging assessments by
independent technical experts, in cooperation with State and
local election officials and election service providers, to
identify and report election cybersecurity vulnerabilities.
Provides that participation in the Program shall be
entirely voluntary for State and local election officials and
election service providers. Requires the Secretary of Homeland
Security to solicit the input from election officials in
developing the program.
Requires the Secretary of Homeland Security to: (1)
establish a process for State and local election officials and
election service providers to voluntarily participate in the
Program; (2) designate appropriate information systems to be
included in the Program; (3) provide compensation to eligible
individuals, organizations, and companies for reports of
previously unidentified security vulnerabilities within the
information systems included and establish criteria for
individuals, organizations, and companies to be considered
eligible for such compensation in compliance with Federal laws;
(4) consult with the Attorney General on how to ensure that
approved individuals, organizations, or companies that comply
with the requirements of the Program are protected from
prosecution under section 1030 of title 18, United States Code,
and similar provisions of law, and from liability under civil
actions for specific activities authorized under the Program;
(5) consult with the Secretary of Defense and the heads of
other departments and agencies that have implemented programs
to provide compensation for reports of previously undisclosed
vulnerabilities in information systems, regarding lessons that
may be applied from such programs; (6) develop an expeditious
process by which an individual, organization, or company can
register with the Department, submit to a background check as
determined by the Department, and receive a determination as to
eligibility for participation in the Program; and (7) engage
qualified interested persons, including representatives of
private entities, about the structure of the Program and, to
the extent practicable, establish a recurring competition for
independent technical experts to assess election systems for
the purpose of identifying and reporting election cybersecurity
vulnerabilities. Authorizes the Secretary to enter into a
competitive contract to manage the Program.
Subtitle F--Miscellaneous Provisions
Section 3501 & 3502. Definitions & Initial Report on Adequacy of
Resources Available for Implementation
This section would require the Secretary of Homeland
Security and the Chair of the EAC to submit to Congress within
120 days an assessment on the adequacy of funding, resources,
and personnel available to carry out this title.
Subtitle G--Severability Clause
Section 2601. Severability
This section would establish severability such that the
application of the provisions of this title and amendments made
by this title shall not be affected by a holding finding any
provision of the title or amendment made by the title
unconstitutional.
DIVISION B--CAMPAIGN FINANCE
Title IV--Campaign Finance Transparency
Subtitle A--Findings Relating to Illicit Money Undermining Our
Democracy
Section 4001. Findings relating to illicit money undermining our
democracy
This section would provide various findings related to
illicit money undermining our democracy.
Subtitle B--DISCLOSE Act
Part 1--Regulation of Certain Political Spending (Foreign Money Ban)
Section 4100. Short title
This section would provide that this subtitle may be cited
as the ``Democracy Is Strengthened by Casting Light On Spending
in Elections Act of 2019'' or the ``DISCLOSE Act of 2019''.
Section 4101. Application of Ban on Contributions and Expenditures by
Foreign Nationals
This section would amend the definition of ``foreign
national'' for purposes of the ban on foreign national campaign
spending to add any corporation or limited liability
corporation which is 5 percent or more owned or controlled by a
foreign country or foreign government official, or which is 20
percent or more owned by any other foreign national, or over
which one or more foreign nationals has the power to control
the decision-making of the corporation; requires certification
of compliance with ban on foreign national spending by chief
executive officer before any corporation makes any
contribution, donation or expenditure in connection with an
election. Notwithstanding the amended definition of foreign
national, a foreign national described in this section, which
is a domestic corporation whose principle place of business is
in the United States, may establish, administer, and solicit
contributions to a separate segregated fund, so long as the
foreign national parent corporation of the domestic corporation
does not directly or indirectly finance the establishment,
administration, or solicitation activities of the fund, and the
fund is in compliance with the certification requirements.
Section 4102. Clarification of Application of Foreign Money Ban to
Certain Disbursements and Activities
This section would prohibit foreign national contributions
to Super PACs; prohibits any foreign national from
participating in decision making by any corporate PAC.
Part 2--Reporting of Campaign-Related Disbursements
Section 4111. Reporting of Campaign-Related Disbursements
This section would entirely amend section 324 of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30126)
Section 324(a). Disclosure Statement. Requires a
``covered organization'' to file a disclosure report
within 24 hours of making $10,000 or more of
``campaign-related disbursements'' that, for the first
such report, provides disclosure of information since
the beginning of the election cycle or for the period
beginning one-year prior to the report, whichever is
earlier, and for subsequent reports, provides
information since the last filed report. Further
provides that disclosure report includes name and place
of business of the ``covered organization'' and for
certain corporations, a list of their beneficial owners
(as defined in this section), the amount and purpose of
each ``campaign-related disbursement'' of $1,000 or
more, the election to which the disbursement pertains
and the name of any candidate identified in the
disbursement, and a certification that the disbursement
was made independently of a candidate or party. Further
provides that if the disbursement was made from a
segregated bank account, the report includes the name
and address of every donor and date of every donation
of more than $10,000 to the segregated account, and if
the disbursement was not made from a segregate bank
account, the same information for all payments to the
``covered organization,'' with the exceptions that
payments need not be reported if received in the
ordinary course of business, or if received subject to
a restriction that the funds cannot be used for
``campaign related disbursements.'' Amounts received as
remittances from an employee to the employee's
collective bargaining representative shall be treated
as amounts received in the ordinary course of business.
Further provides that donor information also need not
be reported if such disclosure would subject the donor
to serious threats, harassment or reprisals.
Section 324(b). Coordination with Other Provisions.
Provides that information contained in a disclosure
report under subsection (a) need not be included in
other campaign finance disclosure reports, and that a
segregated bank account under subsection (a) may be
treated as a separate segregated fund for tax purposes.
Section 324(c). Filing. Provides that disclosure
reports filed under this section may be filed with the
FEC electronically.
Section 324(d). Campaign-Related Disbursement
Defined. Provides that a ``campaign-related
disbursement'' includes an independent expenditure, a
public communication that promotes, supports, attacks
or opposes the election of a federal candidate, an
electioneering communication and a ``covered
transfer.''
Section 324(e). Covered Organization Defined.
Provides that a ``covered organization'' is a
corporation (other than a section 501(c)(3) charity), a
limited liability corporation, a section 501(c) non-
profit organization (other than a section 501(c)(3)
charity), a labor organization, a ``political
organization'' under section 527 of the tax code, and a
Super PAC.
Section 324(f). Covered Transfer Defined. Provides
that a ``covered transfer'' is any transfer from a
``covered organization'' to another person if any one
of five conditions applies to the transfer: (1) the
transferor requests the money be used for campaign-
related disbursements (or to make a transfer to another
person for that purpose), (2) the transfer is made in
response to a solicitation for a donation for the
purpose of making ``campaign-related disbursements''
(or for a transfer to another person for that purpose),
(3) the transferor engaged in discussions with the
recipient about using the money for ``campaign-related
disbursements'' (or for making a transfer to another
person for that purpose), (4) the transferor spent, or
knew that the recipient had spent, $50,000 or more for
``campaign-related disbursements'' in the prior two
years, or (5) the transferor knew or had reason to know
that the recipient would spend $50,000 or more for
``campaign-related disbursements'' in the two years
after the transfer. Further provides that a ``covered
transfer'' does not include a disbursement for a
commercial transaction or any disbursement where there
is an agreement that the money will not be used for
``campaign related disbursements.''
Further provides a special rule for transfers between
two ``covered organizations'' which are ``affiliates''
of each other. Defines a ``transfer between
affiliates'' to include a transfer between either two
organizations which are affiliated with each other, or
two organizations each of which is affiliated with the
same third organization. Defines ``affiliate status''
to include an organization whose governing documents
require it to be bound by the decisions of another
organization, an organization whose governing board
includes specifically designated representatives of
another organization, or an organization chartered by
another organization.
Further provides that in the case of a ``covered
transfer'' between affiliates, the reporting
requirement is triggered only if the amount of the
transfer is $50,000 or more, and that transferred
amounts consisting of ``dues, fees or assessments which
are paid by individuals on a regular, periodic basis in
accordance with a per-individual calculation which is
made on a regular basis'' do not count against the
$50,000 threshold.
Section 324(g). No Effect on Other Reporting
Requirements. Provides that nothing in these provisions
waives or affects other reporting requirements in the
Federal Election Campaign Act, and cross-references
section 324(b) with existing electioneering
communication reporting requirements.
This section would also require the director of FinCEN to
assist the FEC in administering section 324 and requires the
chairman of the FEC to report to Congress within 6 months after
enactment of the Act on the need for further legislative
authority to administer section 324.
Section 4112. Application of Foreign Money Ban to Disbursements for
Campaign-Related Disbursement Consisting of Covered Transfers
This section would prohibit a foreign national from making
a disbursement to any person who made a ``covered transfer''
during the prior two-year period. There is an exception to the
ban on foreign national disbursements to certain covered
organizations for disbursements by foreign nationals that are
commercial transactions.
Section 4113. Effective Date
This section would provide that amendments made by this
part shall take effect on January 1, 2020 without regard to
whether the FEC has promulgated regulations to carry out
section 324.
Part 3--Other Administrative Reforms
Section 4121. Petition for Certiorari
This section would provide that the FEC has the authority
to file a petition for certiorari with the Supreme Court.
Section 4122. Judicial Review of Actions Related to Campaign Finance
Laws
This section would provide that any action brought to
challenge the constitutionality of any provision of the
campaign finance laws shall be filed in the U.S. district court
for the District of Columbia, with an appeal to the D.C.
Circuit Court of Appeals, and that the courts would have a duty
to expedite such cases. Further, provides that Members of
Congress shall have a right to bring a case challenging the
constitutionality of any provision of the campaign finance
laws, or to intervene in such cases.
Subtitle C--Honest Ads
Section 4201. Short title
This section provides that this subtitle may be cited as
the ``Honest Ads Act.''
Section 4202. Purpose
This section would provide that the purpose of this
subtitle is to improve disclosure requirements for online
political advertisements to enhance the integrity of American
democracy and national security. Affirms that it does so to
uphold the Supreme Court's well-established standard that the
electorate bears the right to be fully informed.
Section 4203. Findings
This section provides Congressional findings, including
Russian efforts to influence the 2016 election with paid social
media users or ``trolls''; Russian efforts to exploit American-
made technology platforms to sow distrust in democracy; and
Russian entities that purchased $100,000 in political
advertisements online. Money spent to advertise online has
risen dramatically. More than $1.4 billion was spent on online
political advertising in 2016. The findings also establish that
large online platforms have a reach far larger than any
broadcast, satellite, or cable provider, which facilitates the
scope and effectiveness of disinformation campaigns. The
findings compare the nature of broadcast television, radio, and
satellite advertising, which is by its nature public to the
press, fact-checkers, and political opponents. This creates
strong disincentives for a candidate to disseminate materially
false information to the public. Social media platforms,
however, provide advertisers with an ability to target the
electorate with direct messages based on private information.
The findings assert that the Federal Election Commission has
failed to act on the issue of online political advertisements.
Ultimately, Congress finds that the current regulations on
political advertisements do not provide enough transparency to
uphold the public's right to be fully informed about political
advertisements made online.
Section 4204. Sense of Congress
This section would provide the sense of Congress that the
dramatic increase in digital political advertisements, and the
growing centrality of online platforms, requires the Congress
and the Federal Election Commission to take meaningful action
to ensure that laws and regulations provide the accountability
and transparency that is fundamental to our democracy; that
free and fair elections require transparency and accountability
to give the public a right to know the true sources of funding
for political advertisements to make informed political choices
and hold elected officials accountable; and transparency of
funding for political advertisements is essential to enforce
other campaign finance laws, including prohibitions on spending
by foreign nationals.
Section 4205. Expansion of Definition of Public Communication
This section would provide that ``paid internet or paid
digital communication'' be added to the definition of public
communication. Amends the press exception to the definition of
expenditure to account for online or digital outlets, including
blogs and digital newspapers, unless such online or digital
facilities are owned or controlled by any political party,
political committee, or candidate. Substitutes ``public
communication'' for references to general political
advertisements and public communications, including for those
public communications that require disclaimers.
Section 4206. Expansion of Definition of Electioneering Communication
This section would provide that ``qualified internet or
digital communication'' be added to the definition of
electioneering communication. Defines ``qualified internet or
digital communication'' to mean any communication which is
placed or promoted for a fee on an online platform. Does not
require electioneering communications by means of online
communications to be targeted to the relevant electorate.
Amends the news exemption to the definition electioneering
communication to include communications appearing in a news
story, commentary, or editorial distributed through the
facilities of any broadcasting station or any online or digital
newspaper, magazine, blog, publication, or periodical, unless
such broadcasting, online, or digital facilities are owned or
controlled by any political party, political committee, or
candidate. Provides that these amendments apply with respect to
communications made on or after January 1, 2020.
Section 4207. Application of Disclaimer Statements to Online
Communications
This section substitutes ``shall state in a clear and
conspicuous manner'' for ``shall clearly state'' when
describing disclaimer requirements. Clarifies that
communications are not made in a clear and conspicuous manner
if it is difficult to read or hear or if the placement is
easily overlooked. Provides special rules for disclaimers that
apply to qualified internet or digital communications if the
communication is disseminated through a medium in which all the
information is not possible. Specifically, requires the
communication to include in a clear and conspicuous manner the
name of the person who paid for the communication, and provide
a means for the recipient of the communication to obtain the
remainder of the information with minimal effort. Includes a
safe harbor for clear and conspicuous statements for text,
audio, and video communications. For text or graphic
communications, letters must appear at least as large as the
majority of the text in the communication, contained in a
printed box, and printed with a reasonable degree of color
contrast between the background and the printed statement.
Audio statements must be clearly audible and intelligible at
the beginning or end of a communication and last at least 3
seconds. Video with audio must include the statement at the
beginning or end of the communication, and be both in a written
format that appears for 4 seconds and with audio that is
clearly audible and intelligible for at least 3 seconds. All
other types of communications must be at least as clear and
conspicuous as what is otherwise required for text, video, and
audio. The ``small items'' regulatory exception for bumper
stickers, pins, buttons, pens, and similar small items upon
which disclaimers cannot be conveniently printed does not apply
to qualified internet or digital communications, nor does the
impracticability regulatory exception (for skywriting, water
towers, wearing apparel) (specifically, 11 CFR 110.11(f)(1)(i)
and (ii), or any successor to these rules). Modifies ``stand by
your ad'' requirements for candidates or authorized persons by
substituting ``audio format'' for radio, and ``video format''
for television.
Section 4208. Political Record Requirements for Online Platforms
This section would require online platforms to maintain and
make public in machine readable format a complete record of any
request to purchase qualified political advertisements made by
a person whose aggregate requests on the online platform during
the calendar year exceeds $500. Requires advertisers to provide
the online platform with the necessary information for the
online platform to comply. Requires the contents of the record
to include a digital copy of the political advertisement, a
description of the audience targeted, the number of views
generated and the date and timing that the advertisement was
first and last displayed, the average rate charged for the
advertisement, the name of the candidate to which the
advertisement refers (and the office sought) or the national
legislative issue to which the advertisement refers. If a
candidate is the advertiser, the record must include the name
of the candidate, the committee of the candidate, and the
treasurer of the candidate. All other records must include the
name of the person purchasing the advertisement, the name and
address of a contact person, and a list of the chief executive
officers or members of the executive committee or of the board
of directors of the person. Defines online platforms as any
public-facing website, web application, or digital application
(including a social network, ad network, or search engine)
which sells qualified political advertisements and has
50,000,000 or more unique monthly United States visitors or
users for a majority of the months during the preceding 12
months. Qualified political advertisements are defined to mean
any advertisements (including search engine marketing, display
advertisements, video advertisements, native advertisements,
and sponsorships) that are made by or on behalf of a candidate,
or communicate a message relating to any political matter of
national importance, including (i) a candidate; (ii) any
election to federal office, or (iii) a national legislative
issue of public importance. Online platforms must make the
record public as soon as possible, and retain it for a period
of not less than 4 years. Provides a safe harbor from
enforcement for online platforms making their best efforts to
identify requests which are subject to record maintenance
requirements. The FEC will be responsible for crafting these
best efforts rules. Provides penalties for failure to otherwise
comply. Requires the FEC to establish rules, no later than 120
after enactment, requiring common data formats for the online
platform records so that they are machine-readable, and
establishing search interface requirements relating to such
record, including searches by candidate name, issue, purchaser,
and date. Requires FEC to report biannually to Congress on
matters relating to compliance, recommendations for
modifications, and identifying other ways to bring transparency
to online political advertisements distributed for free.
Section 4209. Preventing Contributions, Expenditures, Independent
Expenditures, and Disbursements for Electioneering
Communications by Foreign Nationals in the Form of Online
Advertising
This section would require broadcasters, providers of cable
or satellite television and online platforms to make reasonable
efforts to ensure that political advertising is not purchased
by foreign nationals, directly or indirectly.
Subtitle D--Stand By Every Ad
Section 4301. Short title
This section provides a short title of ``Stand By Every Ad
Act.''
Section 4302. Stand By Every Ad
This section would provide for expanded disclaimer
requirements for communications that are not authorized by
candidates--for example, for communications by corporations,
527 organizations, or nonprofit organizations that spend money
on express advocacy.
If the disclaimer statement is transmitted in a video
format or is an Internet or digital communication transmitted
in a text or graphic format and is paid for in whole or in part
with a payment that is treated as a campaign-related
disbursement, it must include a Top Five Funders list (if
applicable). If the communication is of such short duration
that including the Top Five Funders list would constitute a
hardship to the person paying for the communication by
requiring a disproportionate amount of the content of the
communication to consist of the Top Five Funders list, then it
must include the name of a website which contains the Top Five
Funders list (if applicable) or in the case of an internet or
digital communication, a hyperlink. If the communication is
transmitted in an audio format and is paid for in whole or in
part with a payment that is treated as a campaign-related
disbursement, then it must include the Top Two Funders list (if
applicable), or, if the communication is of such short duration
that including the Top Two Funders list is a hardship for the
same reasons as for video, the name of a website which contains
the Top Two Funders list. The FEC is responsible for
determining the basis of criteria for the hardship exception.
If the person paying for the communication is an
individual, they must state their name and that they approve
the message. If the person paying is an organization, the
statement must be ``I am [name of applicable individual], the
[title of applicable individual] of [name of organization], and
[name of organization] approves this message.'' If the
organization is a corporation, the applicable individual is the
chief executive officer (or highest ranking official if there
is no CEO). If a labor organization, then the highest ranking
officer of the labor organization. Any other organization
should include the highest ranking official.
If the communication is made in a text or graphic format,
the disclosure statements must appear in letters at least as
large as the majority of the text in the communication. If made
by audio, the audio must be clear and conspicuous. If in video,
the information must appear in writing at the end of the
communication or in a crawl along the bottom of the
communication in a clear and conspicuous manner, for at least 6
seconds, and also conveyed by an unobscured full-screen view of
the individual making the statement, or a by voiceover with a
clearly identifiable photograph or similar image of the
individual.
The Top Five or Top Two Funders list is a list of the five
or two persons who respectively, during the 12-month period
ending on the date of the disbursement, provided the largest
payments in an aggregate amount equal to or exceeding $10,000.
Excluded from the calculations are any amounts provided in the
ordinary course of trade or business or in the form of
investments in the person paying for the communication, or any
payment which the person prohibited, in writing, from being
used for campaign-related disbursements.
There is an exception for video communications that last 10
seconds or less. For those short videos, the communication must
include the person or organizational statement who paid for the
ad in a crawl on the bottom of the screen. Moreover, a website
address must appear for the full duration of the ad that will
provide all of the information otherwise required of longer
ads, and the website address must appear for the full duration
of the ad. If the communication permits hyperlinks, it must be
provided by hyperlink.
Expanded disclaimer requirements are also applied to public
communications consisting of campaign-related disbursements, as
defined in the DISCLOSE Act, consisting of public
communications.
This section creates an exception for communications paid
for by political parties and political committees because they
are subject to a separate set of existing disclaimer rules.
This exception excludes, however, communications by political
committees paid for in whole or in part with a campaign-related
disbursement, but only if the covered organization making the
campaign-related disbursement made campaign-related
disbursements aggregating more than $10,000 in the calendar
year.
Section 4303. Disclaimer Requirements for Communications Made Through
Prerecorded Telephone Call
This section would apply ``stand by your ad'' disclaimer
requirements to prerecorded audio messages distributed by
telephone by treating them as communications transmitted in an
audio format.
Section 4304. No Expansion of Persons Subject to Disclaimer
Requirements on Internet Communications
This section would provide that nothing in the Stand By
Your Ad subtitle may be construed to require any person who is
not required by the Federal Election Campaign Act to include a
disclaimer on communications made by the person through the
internet to include any disclaimer on any such communications.
Section 4305. Effective Date
This section would provide an effective date apply with
respect to communications made on or after January 1, 2020, and
shall take effect without regard to whether or not the Federal
Election Commission has promulgated regulations to carry out
such amendments.
Subtitle E--Secret Money Transparency
Sec. 4401. Repeal of Restriction of Use of Funds by Internal Revenue
Service to Bring Transparency to Political Activity of Certain
Nonprofit Organizations
This section would provide that an appropriations rider
prohibiting the IRS from clarifying rules related to political
activity by nonprofit organizations has no force or effect.
Subtitle F--Shareholder Right-to-Know
Sec. 4501. Repeal of Restriction on Use of Funds by Securities and
Exchange Commission to Ensure Shareholders of Corporations Have
Knowledge of Corporation Political Activity
This section would provide that an appropriations rider
prohibiting the SEC from requiring disclosure to shareholders
of corporate political spending has no force or effect.
Subtitle G--Disclosure of Political Spending by Government Contractors
Sec. 4601. Repeal of Restriction on Use of Funds to Require Disclosure
of Political Spending by Government Contractors
This section would provide that an appropriations rider
prohibiting the Executive Branch from requiring government
contractors to disclose political spending has no force or
effect.
Subtitle H--Disclosure Requirements for Presidential Inaugural
Committees
Sec. 4701. Short title
This section provides that this subtitle may be cited as
the ``Presidential Inaugural Committee Oversight Act.''
Sec. 4702. Limitations and Disclosure of Certain Donations to, and
Disbursements by, Inaugural Committees
This section would prohibit inaugural committees from
raising donations from non-individuals and foreign nationals.
Prohibits the use of inaugural funds for personal use unrelated
to the inauguration. Limits the maximum amount an individual
can donate to an inaugural committee to $50,000, indexed for
inflation. Requires an inaugural committee to disclose, within
24 hours, contributions of more than $1,000. Requires an
inaugural committee to file within 90 days of an inauguration a
final report disclosing all contributions and expenditures of
more than $200.
Subtitle I--Severability Clause
Sec. 4801. Severability
This section would clarify that if any provision of this
Title or amendment made by this Title is held unconstitutional,
the remainder of the Title shall not be affect by the holding.
Title V--CAMPAIGN FINANCE EMPOWERMENT
Subtitle A--Findings Relating to Citizens United Decision
Sec. 4801. Findings Relating to Citizens United Decision
This section provides Congressional findings that the
Citizens United decision is detrimental to democracy and that
the Constitution should be amended to clarify Congress' and the
States' authority to regulate campaign contributions and
expenditures.
Subtitle B--Congressional Elections
Sec. 5100. Short title
This section would provide that this subtitle may be cited
as the ``Government By the People Act of 2019.''
Part 1--My Voice Voucher Pilot Program
Sec. 5101. Establishment of Voucher Pilot Program
This section would establish a three-State-based pilot
demonstration program of political giving to candidates for the
U.S. House of Representatives. The pilot would seek to develop
best practices for a potential nation-wide campaign voucher
program. States will be judged on their capacity to execute the
program. Provides that all payments to states shall come from
the Freedom From Influence Fund, which is subject to a
mandatory reduction of payments in case of insufficient amounts
in the Fund. No appropriated funds shall be used for the
Freedom From Influence Fund. Payments are capped at $10,000,000
for each of the three states.
Sec. 5102. Voucher Program Described
This section would provide certain programmatic
requirements for State applying to participate in the voucher
pilot must satisfy. The State shall provide each qualified
individual upon the individual's request a voucher worth $25 to
be known as a ``My Voice Voucher. The State shall create an
electronic routing system, contribution clearinghouse, and
implementation of anti-fraud measures. States would also be
prohibited from conditioning the receipt of the voucher based
on individual's voter registration status. States are required
to engage in a public awareness campaign.
Sec. 5103. Reports
This section would require participating states to complete
reports for submission to the FEC on the operation and efficacy
of the pilot programs, including the making of recommendations
for the program's expansion or adjustment. The FEC will be
required to submit a report to Congress synthesizing the state
reports and making recommendations by the end of the fifth
election cycle.
Sec. 5104. Definitions
This section would define ``election cycle'' to mean the
period beginning on the day after the date of the most recent
regularly scheduled general election for Federal office and
ending on the date of the next regularly scheduled general
election for federal office. Defines periods of application,
preparation, and operation for the pilot program.
Part 2--Small Dollar Financing of Congressional Election Campaigns
Sec. 5111. Benefits and Eligibility Requirements for Candidates
This section would amend the Federal Election Campaign Act
of 1971 by adding a new Title V, Small Dollar Financing of
Congressional Election Campaigns, that would establish a
publicly financed matching system for Congressional campaigns.
The new Title would include Subtitle A--Benefits, and the
following new sections:
Sec. 501. Benefits for Participating Candidates.
Provides for a 6-to-1 match of contributions of less
than $200 per election for participating candidates.
Caps the total amount of matching funds for a candidate
at half of the average of the 20 most expensive winning
campaigns in the previous cycle.
Sec. 502. Procedures for Making Payments. Requires
the Federal Election Commission to disburse payments to
qualified candidates upon receipt of statements
detailing the amount of qualifying contributions raised
since the last request, the amount of matching funds
sought, and the total amount of matching funds received
during the cycle. Prohibits candidates from requesting
matching funds on less than $5,000 in qualified
contributions, except during the final 30 days of a
campaign, and from requesting funds more than once in a
7-day period. Requires the FEC to make payments within
2 days of receiving a request.
Sec. 503. Use of Funds. Authorizes the use of
matching funds exclusively for direct payments for
authorized expenditures for campaign funds. Explicitly
prohibits the use of funds for legal expenses or fines.
Sec. 504. Qualified Small Dollar Contributions
Described. Defines a ``qualified small dollar
contribution'' as a donation of $1-200 per election
from an individual or segregated small-dollar account
of a political committee. Prohibits donors who make
qualified small dollar contributions to a candidate
from making additional nonqualified contributions to
that candidate. Requires candidates to return the
additional nonqualified contribution or to repay
matching funds on the original qualified contribution
from that donor. Requires participating candidates to
disclose information about matching funds and qualified
contributions in fundraising materials.
Subtitle B--Eligibility and Certification
Sec. 511. Eligibility. Deems a candidate eligible for
matching funds if the candidate seeks certification
from the FEC, meets the qualifications in section 512,
certifies that the candidates' authorized committees
meet the notification requirements in section 504(d),
and, during the Small Dollar Democracy qualifying
period (within 180 days of filing to run), files an
affidavit with the FEC that the candidate will comply
with contribution and expenditure requirements, will
run as a qualified candidate for both the primary and
general elections and will qualify under state law to
appear on the ballot. Specifies that for a general
election, qualified candidates must have been chosen as
their parties' nominees or otherwise qualified to
appear on the ballot.
Sec. 512. Qualifying Requirements. Requires
participating candidates to raise at least $50,000 in
qualified small dollar contributions from at least
1,000 individuals during the Small Dollar Democracy
qualifying period. Requires the FEC to establish random
audits to ensure compliance.
Sec. 513. Certification. Requires the FEC to certify
qualified candidates within five days of receiving an
affidavit seeking certification. A certification covers
both the primary and general elections. Requires the
FEC to decertify a candidate who does not comply with
requirements, withdraws from the race, does not make it
onto the ballot, or is criminally sanctioned for
conduct relating to the election. Requires certain
decertified candidates to repay all matching funds with
interest, prohibits decertified candidates from
becoming certified during the next election cycle, and
prohibits a candidate who is decertified three times
from becoming certified for any future election.
Subtitle C--Requirements for Candidates Certified as
Participating Candidates
Sec. 521. Contribution and Expenditure Requirements.
Restricts the sources from which participating
candidates can raise funds to qualified small dollar
contributions, matching funds, nonqualified
contributions of up to $1,000 per election, personal
funds up to $50,000 and certain political committees.
Establishes rules for funds raised prior to seeking
qualification as a participating candidate. Creates
prohibitions on leadership PACs and joint fundraising
committees for participating candidates.
Sec. 522. Administration of Campaign. Requires
campaigns to establish separate accounting for each
different type of contribution received, disclose all
donors making qualified small dollar contributions, and
publish on the internet all materials provided to the
FEC relating to contributions and expenditures.
Sec. 523. Preventing Unnecessary Spending of Public
Funds. Limits the amount of expenditures campaigns can
make from matching funds to the amount of expenditures
made from other sources of funds, if available.
Sec. 524. Remitting Unspent Funds After Election.
Requires candidates to return unspent matching funds
within 180 days of an election, except that a candidate
may retain up to $100,000 in matching funds if the
candidate signs an affidavit promising to seek
certification again in the next cycle. Retained funds
are sequestered until the candidate is certified again.
Subtitle D--Enhanced Match Support
Sec. 531. Enhanced Support for General Election.
Allows eligible candidates to receive additional
matching funds.
Sec. 532. Eligibility. Requires that a qualified
candidate in a general election raise at least $50,000
in qualified small dollar contributions during the
``enhanced support qualifying period'' in order to
qualify for additional matching funds. Defines the
``enhanced support qualifying period'' as the period
between 60 and 14 days before a general election.
Sec. 533. Amount. A candidate who qualifies for
enhanced support receives an additional 3-to-1 match on
qualified small dollar contributions raised during the
enhanced support qualifying period. A candidate cannot
receive more than $500,000 in enhanced matching funds.
Enhanced matching funds do not count against the
aggregate limit for matching funds a candidate can
receive.
Sec. 534. Waiver of Authority to Retain Portion of
Unspent Funds After Election. Candidates who receive
enhanced funding may not retain any amount of matching
funds after an election.
Subtitle E--Administrative Provisions
Sec. 541. Freedom From Influence Fund. Establishes
the Freedom From Influence Fund to provide matching
funds to qualified candidates. Matching fund payments
are subject to a mandatory reduction in case of
insufficient amounts in the Freedom From Influence
Fund. No appropriated funds shall be used for the
Freedom From Influence Fund.
Sec. 542. Reviews and Reports by Government
Accountability Office. Requires the Comptroller General
to review after every election cycle the small dollar
financing program. The review can include
recommendations for adjustments to the criteria for
qualification and the aggregate limit of matching
funds.
Sec. 543. Administration by Commission. Requires the
FEC to promulgate regulations for the small dollar
financing program.
Sec. 544. Violations and Penalties. The FEC can
assess civil penalties against candidates for
prohibited contributions or expenditures. Requires the
FEC to seek repayment plus interest of any matching
funds used in a prohibited manner or not returned as
required after an election. Does not preclude other
enforcement actions, including criminal referrals.
Sec. 545. Appeals Process. The U.S. Court of Appeals
for the District of Columbia has jurisdiction to review
any actions by the FEC relating to the small dollar
financing program.
Sec. 546. Indexing of Amounts. Indexes to inflation
the amounts in this title, except for the aggregate
limit on matching funds a candidate may receive, which
is indexed to campaign costs as described in section
501.
Sec. 547. Election Cycle Defined. Defines an election
cycle as the period between the day after a general
election and the next general election.
Sec. 5112. Contributions and Expenditures by Multicandidate and
Political Party Committees on Behalf of Participating
Candidates
This section would allow multicandidate and party
committees to contribute to participating candidates if the
contributions come from segregated accounts that only raise
funds pursuant to the requirements for small dollar qualified
contributions. Allows party committees to make unlimited
coordinated expenditures with a participating candidate if the
committee only spends from the segregated account and does not
provide any additional funding to the candidate.
Sec. 5113. Prohibiting Use of Contributions by Participating Candidates
for Purposes Other Than Campaign for Election
This section would prohibit participating candidates from
using contributions for anything other than authorized
expenditures.
Sec. 5114. Effective Date
This section would provide the effective date for the
program as the 2026 election cycle.
Subtitle C--Presidential Elections
Part 1--Primary Elections
Sec. 5201. Increase in and Modifications to Matching Payments
This section would provide for a 6-to-1 match of up to $200
of ``matchable contributions'' made to Presidential primary
election candidates who qualify for receipt of public matching
funds. Further provides that a ``matchable contribution'' is a
``direct contribution'' made to a candidate by an individual in
an aggregate amount of no greater than $1,000. Further provides
that a ``direct contribution'' is one that is made directly to
a candidate by an individual and is not either forwarded to the
candidate by another person or received by the candidate with
knowledge that the contribution was made at the request or
recommendation of another person. Provides that for this
purpose a ``person'' does not include an individual (other than
a registered lobbyist), or a political party committee, or a
political committee which is not a PAC and which does not make
independent expenditures, does not lobby and is not established
or controlled by a lobbyist or lobbying organization. Also
clarifies that a contribution may be made at the request or
recommendation of a person so long as the candidate does not
know who provided the information.
Further, this section would provide a cap on public funding
a participating candidate may receive of $250,000,000 for the
primary elections, subject to increases for inflation. Provides
that a candidate qualifies to receive matching funds by raising
$25,000 in contributions of no more than $200 in each of at
least 20 states. Provides that a participating candidate will
not accept contributions of more than $1,000 from any person
for the primary elections. Further provides that a
participating candidate will accept only ``direct
contributions,'' as defined above, and not any bundled
contributions. Further provides that a candidate participating
in the primary election matching funds system also agrees to
participate in the general election matching funds system, if
nominated for the general election.
Sec. 5203. Repeal of Expenditure Limitations
This section would repeal current state-by-state
expenditures limits and continues current expenditure limit of
$50,000 on a candidate's personal funds.
Sec. 5204. Period of Availability of Matching Payments
This section would provide that ``matching payment period''
begins six months prior to the date of the earliest State
primary election.
Sec. 5205. Examination and Audits of Matchable Contributions
This section would provide the FEC with authority to audit
matchable contributions received by a candidate participating
in the presidential primary matching funds system.
Sec. 5206. Modification to Limitation on Contributions for Presidential
Primary Candidates
This section would provide that the contribution limit for
presidential primary elections applies to all such elections in
a four-year election cycle and not for a calendar year.
Sec. 5207. Use of Freedom From Influence Fund as Source of Payments
This section would amend Chapter 96 of subtitle H of the
Internal Revenue Code of 1986 by adding a new section 9043, Use
of Freedom from Influence Fund as Source of Payments. This new
section would provide that all payments shall come from the
Freedom From Influence Fund, which is subject to a mandatory
reduction of payments in case of insufficient amounts in the
Fund. No appropriated funds shall be used for the Freedom From
Influence Fund. Has no effect on amounts transferred for
pediatric research initiative.
Part 2--General Elections
Sec. 5211. Modification of Eligibility Requirements for Public
Financing
This section would provide that a presidential general
election candidate is eligible to receive public matching funds
if the candidate participated in the primary election matching
funds system, agrees to an audit by the FEC, and accepts only
``direct contributions'' (and no bundled contributions) as
defined by the presidential primary election provisions.
Sec. 5212. Repeal of Expenditure Limitations and Use of Qualified
Campaign Contributions
This section would repeal existing expenditure limits for
presidential general election candidates receiving public
funds, provides that presidential candidates participating in
the matching funds system in the general election will accept
only ``qualified campaign contributions'' to defray campaign
expenses and provides criminal penalties for violation of the
restriction. Defines ``qualified campaign contribution'' to
mean contributions that aggregate no more than $1,000 from an
individual donor.
Sec. 5213. Matching Payments and Other Modifications to Payment Amounts
This section would provide for a 6-to-1 match of up to $200
of ``matchable contributions''' made to Presidential general
election candidates who qualify for receipt of public matching
funds, up to a total of $250,000,000 in public matching funds
for the general election, subject to increases for inflation.
Further provides that a ``matchable contribution'' is a
``direct contribution'' made to a candidate by an individual in
an aggregate amount of no greater than $1,000.
Sec. 5214. Increase in Limit on Coordinated Party Expenditures
This section would provide that a national party committee
may make coordinated expenditures with a general election
Presidential candidate of no more than $100,000,000, subject to
increases for inflation.
Sec. 5215. Establishment of Uniform Date for Release of Payments
This section would provide for a uniform date for the
payment of matching funds to Presidential general election
candidates on the later of the last Friday before the first
Monday in September, or within 24 hours after receiving
certifications for payment for all eligible major party
candidates.
Sec. 5216. Amounts in Presidential Election Campaign Fund
This section would provide that Secretary of Treasury shall
take into account estimated check-off funds that will be
deposited into the Presidential Election Campaign Fund during
the election year in determining whether there will be
sufficient funds in the Fund to make payments to eligible
candidates.
Sec. 5217. Use of General Election Payments for General Election Legal
and Accounting Compliance
This section would provide that candidate expenses for
general election legal and accounting compliance are treated as
qualified campaign expenses.
Sec. 5218. Use of Freedom From Influence Fund as Source of Payments
This section would amend Chapter 95 of subtitle H of the
Internal Revenue Code of 1986 by adding a new section 9013.
This new section would provide that all payments shall come
from the Freedom From Influence Fund, which is subject to a
mandatory reduction of payments in case of insufficient amounts
in the Fund. No appropriated funds shall be used for the
Freedom From Influence Fund. Has no effect on amounts
transferred for pediatric research initiative.
Part 3--Effective Date
Sec. 5221. Effective Date
This section would provide that amendments shall apply with
respect to the 2028 Presidential election without regard to
whether the FEC has promulgated regulations to implement the
amendments made by the Act; Requires FEC to promulgate
regulations to implement the amendments by June 30, 2026.
Subtitle D--Personal Use Services as Authorized Campaign Expenditures
Sec. 5301. Short Title; Findings; Purpose
This section would provide that the short title of this
section is the ``Help America Run Act.'' Finds that everyday
Americans experience barriers to entry before being able to
consider running for federal office. Finds that the current
process of identifying those who can run privileges the
wealthiest Americans, rather than those who must work to
provide necessities like childcare and health insurance and who
cannot afford to risk their livelihoods by testing a run for
office. Finds that leadership not reflecting the economic
realities of the citizenry yields policy that may not reflect
the needs of the citizenry. Establishes purpose to ensure that
otherwise-qualified, credible candidates may run for office
regardless of their economic status, facilitating the candidacy
of more representative candidates.
Sec. 5302. Treatment of Payments for Child Care and other Personal Use
Services as Authorized Campaign Expenditures
This section would amend the Federal Election Campaign Act
to provide that, under limited circumstances, the payment by an
authorized committee of a nonincumbent candidate for the
following are authorized expenditures if the services are
necessary to enable participation of the candidate in campaign-
related activities: child care services; elder care services;
care for other legal dependents; dues, fees, and other expenses
to maintain a license or status related to a profession; and
health insurance coverage. Renders effective upon enactment.
Provides several limitations, including capping the amount of
campaign funds that may be used for these circumstances at the
salary that would be drawn as an elected as currently provided
by existing FEC regulations that cap nonincumbent candidates
drawing a salary during a campaign. Also provides that
candidates may not ``double dip'' and must choose between
availing themselves of the salary benefit allowed under
existing regulations, or using campaign funds under the
exemptions of this subtitle.
Subtitle E--Severability Clause
Title VI--Campaign Finance Oversight
Subtitle A--Restoring Integrity to America's Elections
Section 6001. Short title
This section would provide that this subtitle may be cited
as the ``Restoring Integrity to America's Elections Act.''
Section 6002. Membership of Federal Election Commission
This section would provide for a reduction in the number of
FEC Commissioners from six to five, with no more than two
members of the same party, all appointed by the President with
the advice and consent of the Senate. Establishes that a
commissioner shall be treated as affiliated with a political
party if he or she was affiliated, including as a registered
voter, employee, consultant, donor, officer, or attorney, with
such political party or any of its candidates or elected public
officials at any time during the 5-year period ending on the
date on which such individual is nominated to be a member of
the Commission. Further provides that each member shall serve a
six-year term and is not eligible for reappointment. Further
provides that President shall convene a Blue-Ribbon Advisory
Panel to recommend individuals for appointment as a member of
the Commission.
Section 6003. Assignment of Powers to Chair of Federal Election
Commission
This section would provide that the President designates
one member of the Commission as Chairman and assigns certain
powers to the Chairman and assigns other powers to the
Commission.
Section 6004. Revision to Enforcement Process
This section would revise the enforcement process to
provide that the general counsel shall make a determination of
whether there is reason to believe a violation has occurred, or
whether there is probable cause that a violation has occurred,
and that determination shall take effect unless a majority of
the Commission votes to overrule the general counsel's
determination within 30 days. Further provides that any person
aggrieved by a finding of no reason to believe a violation has
occurred or no probable cause that a violation has occurred, or
aggrieved by a failure of the Commission to act on a complaint
within one year after filing a complaint, may seek judicial
review in the district court for the District of Columbia and
the court shall determine by de novo review whether the agency
action or failure to act is contrary to law.
Section 6005. Revision to Certain Enforcement Authorities
This section would provide that FEC attorneys may represent
the FEC before the Supreme Court. Further provides that an
interested party who has submitted written comments on an
advisory opinion request may present testimony to the
Commission.
Section 6006. Permanent Extension of Administrative Penalty Authority
This section would extend statutory authority for the
administrative fines program for violation of certain
disclosure requirements.
Section 6007. Restrictions on Ex Parte Communications
This section would codify, by reference, limitations on ex
parte communications by members of the Commission and their
staff.
Section 6008. Effective date; transition
This section would provide the effective date of January 1,
2022 for amendments made by this subtitle, and for procedures
for transition.
Subtitle B--Stopping Super PAC-Candidate Coordination
Section 6101. Short title
This section would provide that this subtitle may be cited
as the ``Stop Super PAC-Candidate Coordination Act.''
Section 6102. Clarification of Treatment of Coordinated Expenditures as
Contributions to Candidates
This section would amend the definition of ``contribution''
to add any payment for a ``coordinated expenditure.'' In
addition, this section would add a new section 326, Payments
for Coordinated Expenditures, to the Federal Election Campaign
Act of 1971. This new section would define ``coordinated
expenditure'' to mean a payment made in cooperation,
consultation or concert with or at the request or suggestion of
a candidate or his agents; or a payment to republish candidate
materials, but not to include news stories or commentary, or
candidate debates or forums conducted pursuant to rules issues
by the FEC.
In addition, new section 326 would define ``in cooperation,
consultation or concert with or at the request or suggestion
of'' a candidate or his agents to mean a communication which is
not made entirely independently of a candidate, or which is
made pursuant to any general or particular understanding with
the candidate, or pursuant to any communication with the
candidate, about the payment. Provides that a payment is not
coordinated solely because a person engages in a policy
discussion with a candidate or his agents, so long as there is
no discussion regarding a campaign. Further provides that this
standard does not apply to coordination between a candidate and
a political party. Further provides that coordination is
determined without regard to whether a person is using a
firewall to restrict sharing of information between employees
or agents of the person.
Further, new section 326 would provide that a payment is
made in coordination with a candidate if it is made for a
``covered communication'' by a ``coordinated spender.'' Defines
a ``coordinated spender'' as a person who meets any one of five
standards: (A) the person was formed or established by the
candidate or his agents within the 4 year period prior to the
payment; (B) the candidate raised funds for the person during
the election cycle; (C) the person is managed by the candidate
or by any person who has been employed by the candidate as an
adviser or consultant during the prior 4 year period; (D) the
person retains the services of a consultant who provided
consulting services to the candidate within the prior 2 year
period, and (E) the person is established or managed by any
member of the candidate's family.
New section 326 would define ``covered communication'' to
include a public communication which expressly advocates the
election of a candidate, or which promotes, supports, attacks
or opposes a candidate, or which refers to a candidate in the
period 60 days before a primary election or 120 days before a
general election, provided the communication is disseminated in
the jurisdiction of the office the candidate is seeking.
Finally, new section 326 would provide for a fine of 300
percent of the amount of any payment for a coordinated
communication that is made in knowing and willful violation of
the Act, and provides for joint and several liability for
officers or directors of a person subject to a penalty.
Section 6103. Clarification of Ban on Fundraising for Super PACs by
Federal Candidates and Officeholders
This section would provide that a Federal candidate or
officeholder is prohibited from soliciting or directing money
to a Super PAC or to any section 527 organization which does
not comply with federal contribution limits.
Subtitle C--Severability Clause
DIVISION C--ETHICS
Title VII--Ethics Standards
[RESERVED]
Title VIII--Ethics Reforms for the President, Vice President and
Federal Officers and Employees
[RESERVED]
Title IX--Congressional Ethics Reform
Subtitle A--Requiring Members of Congress to Reimburse Treasury for
Amounts Paid as Settlements and Awards Under Congressional
Accountability Act
Section 9001. Requiring Congressional Reimbursement for Employment
Discrimination
This section would require Members to reimburse Treasury
for amounts paid pursuant to a settlement for employment
discrimina